H.B. No. 2502

AN ACT

relating to the adoption of a nonsubstantive revision of provisions of the Texas Probate Code relating to decedents' estates and the redesignation of certain other provisions of the Texas Probate Code, including conforming amendments and repeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. ESTATES CODE. The Estates Code is adopted to read as follows:

ESTATES CODE

TITLE 1. GENERAL PROVISIONS

CHAPTER 21. PURPOSE AND CONSTRUCTION CHAPTER 22. DEFINITIONS

[Chapters 23-30 reserved for expansion]

TITLE 2. ESTATES OF DECEDENTS

SUBTITLE A. SCOPE, JURISDICTION, AND COURTS

[Chapters 31-50 reserved for expansion]

SUBTITLE B. PROCEDURAL MATTERS

CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS

IN GENERAL CHAPTER 52. FILING AND RECORDKEEPING CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL CHAPTER 55. COMPLAINTS AND CONTESTS CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL

REPRESENTATIVE FOR SERVICE OF PROCESS

[Chapters 57-100 reserved for expansion]

SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION

OF DECEDENTS' PROPERTY IN GENERAL

CHAPTER 101. ESTATE ASSETS IN GENERAL CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD

[Chapters 103-110 reserved for expansion]

CHAPTER 111. NONPROBATE ASSETS IN GENERAL CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP CHAPTER 113. MULTIPLE-PARTY ACCOUNTS

[Chapters 114-120 reserved for expansion]

CHAPTER 121. SURVIVAL REQUIREMENTS CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS CHAPTER 123. DISSOLUTION OF MARRIAGE CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY

[Chapters 125-150 reserved for expansion]

SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE

CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES CHAPTER 152. EMERGENCY INTERVENTION

[Chapters 153-200 reserved for expansion]

SUBTITLE E. INTESTATE SUCCESSION

CHAPTER 201. DESCENT AND DISTRIBUTION CHAPTER 202. DETERMINATION OF HEIRSHIP CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP CHAPTER 205. SMALL ESTATE AFFIDAVIT

[Chapters 206-250 reserved for expansion]

SUBTITLE F. WILLS

CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS

RELATING TO WILLS CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS CHAPTER 253. CHANGE AND REVOCATION OF WILLS CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS

RELATING TO, WILLS CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS CHAPTER 256. PROBATE OF WILLS GENERALLY CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL

[Chapters 259-300 reserved for expansion]

SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE

AND OPENING OF ADMINISTRATION

CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY

OR OF ADMINISTRATION

[Chapter 302 reserved for expansion]

CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING

OF ADMINISTRATION CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES CHAPTER 306. GRANTING AND ISSUANCE OF LETTERS CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND

ADMINISTRATORS CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES

[Chapters 311-350 reserved for expansion]

SUBTITLE H. CONTINUATION OF ADMINISTRATION

CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES

IN GENERAL CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL

REPRESENTATIVES AND OTHERS CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM

ADMINISTRATION OF, CERTAIN ESTATES CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS CHAPTER 356. SALE OF ESTATE PROPERTY CHAPTER 357. RENTING ESTATE PROPERTY CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL

REPRESENTATIVES; APPOINTMENT OF SUCCESSORS CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE

[Chapters 363-400 reserved for expansion]

SUBTITLE I. INDEPENDENT ADMINISTRATION

[Chapters 401-450 reserved for expansion]

SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION

OF CERTAIN ESTATES

CHAPTER 451. ORDER OF NO ADMINISTRATION CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD

[Chapters 455-500 reserved for expansion]

SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY

INSTRUMENTS, AND FIDUCIARIES

CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN

TESTAMENTARY INSTRUMENT CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES,

AND FIDUCIARIES

[Chapters 506-550 reserved for expansion]

SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY

CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE

[Chapters 552-600 reserved for expansion]

SUBTITLE M. DURABLE POWERS OF ATTORNEY

[Chapters 601-650 reserved for expansion]

[Subtitles N-W reserved for expansion]

SUBTITLE X. TEXAS PROBATE CODE: SCOPE, JURISDICTION,

AND COURTS

CHAPTER I. GENERAL PROVISIONS

[Reserved for expansion]

SUBTITLE Y. TEXAS PROBATE CODE: INDEPENDENT ADMINISTRATION

CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION

PART 4. INDEPENDENT ADMINISTRATION

[Reserved for expansion]

SUBTITLE Z. TEXAS PROBATE CODE: DURABLE POWERS OF ATTORNEY

[Reserved for expansion]

[Titles 3-24 reserved for expansion]

TITLE 25. TEXAS PROBATE CODE: GUARDIANSHIP

[Reserved for expansion]

TITLE 1. GENERAL PROVISIONS

CHAPTER 21. PURPOSE AND CONSTRUCTION Sec. 21.001. PURPOSE OF CODE Sec. 21.002. CONSTRUCTION Sec. 21.003. STATUTORY REFERENCES Sec. 21.004. EFFECT OF DIVISION OF LAW Sec. 21.005. APPLICABILITY OF CERTAIN LAWS Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS

CHAPTER 21. PURPOSE AND CONSTRUCTION

Sec. 21.001. PURPOSE OF CODE. (a) This title and Subtitles A through M, Title 2, are enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.

(b) Consistent with the objectives of the statutory revision program, the purpose of this title and Subtitles A through M, Title 2, is to make the law encompassed by this title and Subtitles A through M, Title 2, more accessible and understandable by:

(1) rearranging the statutes into a more logical order;

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and

(4) restating the law in modern American English to the greatest extent possible.

(c) The provisions of Subtitles X, Y, and Z of Title 2 and Title 25 are transferred from the Texas Probate Code and redesignated as part of this code, but are not revised as part of the state's continuing statutory revision program. (New.)

Sec. 21.002. CONSTRUCTION. Except as provided by Section 22.027, Chapter 311, Government Code (Code Construction Act), applies to the construction of a provision of this title or Subtitle A, B, C, D, E, F, G, H, I, J, K, L, or M, Title 2. That chapter does not apply to the construction of a provision of Subtitle X, Y, or Z of Title 2 or Title 25. (New.)

Sec. 21.003. STATUTORY REFERENCES. (a) A reference in a law other than in this code to a statute or a part of a statute revised by, or redesignated as part of, this code is considered to be a reference to the part of this code that revises that statute or part of that statute or contains the redesignated statute or part of the statute, as applicable.

(b) A reference in Subtitle X, Y, or Z, Title 2, or Title 25 to a chapter, a part, a subpart, a section, or any portion of a section "of this code" is a reference to the chapter, part, subpart, section, or portion of a section as redesignated in the Estates Code, except that:

(1) a reference in Subtitle X, Y, or Z, Title 2, or Title 25 to Chapter I is a reference to Chapter I, Estates Code, and to the revision of sections derived from Chapter I, Texas Probate Code, and any reenactments and amendments to those sections; and

(2) a reference in Subtitle X, Y, or Z, Title 2, or Title 25 to a chapter, part, subpart, section, or portion of a section that does not exist in the Estates Code is a reference to the revision of the corresponding chapter, part, subpart, section, or portion of a section of the Texas Probate Code and any reenactments or amendments. (New.)

Sec. 21.004. EFFECT OF DIVISION OF LAW. The division of this code into titles, subtitles, chapters, subchapters, parts, subparts, sections, subsections, subdivisions, paragraphs, and subparagraphs is for convenience and does not have any legal effect. (Tex. Prob. Code, Sec. 2(c); New.)

Sec. 21.005. APPLICABILITY OF CERTAIN LAWS. Notwithstanding Section 21.002 of this code and Section 311.002, Government Code:

(1) Section 311.032(c), Government Code, applies to Subtitles X, Y, and Z of Title 2 and Title 25; and

(2) Sections 311.005(4) and 311.012(b) and (c), Government Code, apply to Subtitles X, Y, and Z of Title 2. (New.)

Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS. The procedure prescribed by Title 2 governs all probate proceedings. (Tex. Prob. Code, Sec. 2(a) (part).) CHAPTER 22. DEFINITIONS Sec. 22.001. APPLICABILITY OF DEFINITIONS Sec. 22.002. AUTHORIZED CORPORATE SURETY Sec. 22.003. CHARITABLE ORGANIZATION Sec. 22.004. CHILD Sec. 22.005. CLAIMS Sec. 22.006. CORPORATE FIDUCIARY Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND

STATUTORY PROBATE COURT Sec. 22.008. DEVISE Sec. 22.009. DEVISEE Sec. 22.010. DISTRIBUTEE Sec. 22.011. DOCKET Sec. 22.012. ESTATE Sec. 22.013. EXEMPT PROPERTY Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE Sec. 22.015. HEIR Sec. 22.016. INCAPACITATED PERSON Sec. 22.017. INDEPENDENT EXECUTOR Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED Sec. 22.019. JUDGE Sec. 22.020. LEGACY Sec. 22.021. LEGATEE Sec. 22.022. MINOR Sec. 22.023. MINUTES Sec. 22.024. MORTGAGE; LIEN Sec. 22.025. NET ESTATE Sec. 22.026. NEXT OF KIN Sec. 22.027. PERSON Sec. 22.028. PERSONAL PROPERTY Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS;

PROBATE Sec. 22.030. REAL PROPERTY Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE Sec. 22.032. SURETY Sec. 22.033. WARD Sec. 22.034. WILL

CHAPTER 22. DEFINITIONS

Sec. 22.001. APPLICABILITY OF DEFINITIONS. (a) Except as provided by Subsection (b), the definition for a term provided by this chapter applies in this code unless a different meaning of the term is otherwise apparent from the context in which the term is used.

(b) If Chapter XIII provides a definition for a term that is different from the definition provided by this chapter, the definition for the term provided by Chapter XIII applies in that chapter. (Tex. Prob. Code, Sec. 3 (part).)

Sec. 22.002. AUTHORIZED CORPORATE SURETY. "Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state for the purpose of issuing surety, guaranty, or indemnity bonds that guarantee the fidelity of an executor or administrator. (Tex. Prob. Code, Sec. 3(a).)

Sec. 22.003. CHARITABLE ORGANIZATION. "Charitable organization" means:

(1) a nonprofit corporation, trust, community chest, fund, foundation, or other entity that is:

(A) exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being described by Section 501(c)(3) of that code; and

(B) organized and operated exclusively for:

(i) religious, charitable, scientific, educational, or literary purposes;

(ii) testing for public safety;

(iii) preventing cruelty to children or animals; or

(iv) promoting amateur sports competition; or

(2) any other entity that is organized and operated exclusively for the purposes listed in Section 501(c)(3), Internal Revenue Code of 1986. (Tex. Prob. Code, Sec. 3(kk).)

Sec. 22.004. CHILD. (a) "Child" includes an adopted child, regardless of whether the adoption occurred through:

(1) an existing or former statutory procedure; or

(2) acts of estoppel.

(b) The term "child" does not include a child who does not have a presumed father unless a provision of this code expressly states that a child who does not have a presumed father is included. (Tex. Prob. Code, Sec. 3(b).)

Sec. 22.005. CLAIMS. "Claims" includes:

(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;

(2) funeral expenses;

(3) the expense of a tombstone;

(4) expenses of administration;

(5) estate and inheritance taxes; and

(6) debts due such estates. (Tex. Prob. Code, Sec. 3(c).)

Sec. 22.006. CORPORATE FIDUCIARY. "Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that:

(1) is existing or engaged in business under the laws of this state, another state, or the United States;

(2) has trust powers; and

(3) is authorized by law to act under the order or appointment of a court of record, without giving bond, as receiver, trustee, executor, administrator, or, although the financial institution does not have general depository powers, depository for any money paid into the court, or to become sole guarantor or surety in or on any bond required to be given under the laws of this state. (Tex. Prob. Code, Sec. 3(d).)

Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND STATUTORY PROBATE COURT. (a) "Court" means and includes:

(1) a county court in the exercise of its probate jurisdiction;

(2) a court created by statute and authorized to exercise original probate jurisdiction; and

(3) a district court exercising original probate jurisdiction in a contested matter.

(b) The terms "county court" and "probate court" are synonymous and mean:

(1) a county court in the exercise of its probate jurisdiction;

(2) a court created by statute and authorized to exercise original probate jurisdiction; and

(3) a district court exercising probate jurisdiction in a contested matter.

(c) "Statutory probate court" means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. For purposes of this code, the term does not include a county court at law exercising probate jurisdiction unless the court is designated a statutory probate court under Chapter 25, Government Code. (Tex. Prob. Code, Secs. 3(e), (g), (ii).)

Sec. 22.008. DEVISE. "Devise":

(1) used as a noun, includes a testamentary disposition of real property, personal property, or both; and

(2) used as a verb, means to dispose of real property, personal property, or both, by will. (Tex. Prob. Code, Sec. 3(h).)

Sec. 22.009. DEVISEE. "Devisee" includes a legatee. (Tex. Prob. Code, Sec. 3(i).)

Sec. 22.010. DISTRIBUTEE. "Distributee" means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. (Tex. Prob. Code, Sec. 3(j).)

Sec. 22.011. DOCKET. "Docket" means the probate docket. (Tex. Prob. Code, Sec. 3(k).)

Sec. 22.012. ESTATE. "Estate" means a decedent's property, as that property:

(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;

(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and

(3) is diminished by any decreases in or distributions from the property. (Tex. Prob. Code, Sec. 3(l).)

Sec. 22.013. EXEMPT PROPERTY. "Exempt property" means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. (Tex. Prob. Code, Sec. 3(m).)

Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE. "Governmental agency of the state" means:

(1) a municipality;

(2) a county;

(3) a public school district;

(4) a special-purpose district or authority;

(5) a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education, as defined by Section 61.003, Education Code;

(6) the legislature or a legislative agency;

(7) the supreme court, the court of criminal appeals, a court of appeals, or a district, county, or justice of the peace court;

(8) a judicial agency having statewide jurisdiction; and

(9) the State Bar of Texas. (Tex. Prob. Code, Sec. 3(ll).)

Sec. 22.015. HEIR. "Heir" means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. The term includes the decedent's surviving spouse. (Tex. Prob. Code, Sec. 3(o).)

Sec. 22.016. INCAPACITATED PERSON. A person is "incapacitated" if the person:

(1) is a minor;

(2) is an adult who, because of a physical or mental condition, is substantially unable to:

(A) provide food, clothing, or shelter for himself or herself;

(B) care for the person's own physical health; or

(C) manage the person's own financial affairs; or

(3) must have a guardian appointed for the person to receive funds due the person from a governmental source. (Tex. Prob. Code, Sec. 3(p).)

Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor" means the personal representative of an estate under independent administration as provided by Section 145. The term includes an independent administrator. (Tex. Prob. Code, Sec. 3(q).)

Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED. "Interested person" or "person interested" means:

(1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and

(2) anyone interested in the welfare of an incapacitated person, including a minor. (Tex. Prob. Code, Sec. 3(r).)

Sec. 22.019. JUDGE. "Judge" means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:

(1) a county court in the exercise of its probate jurisdiction;

(2) a court created by statute and authorized to exercise probate jurisdiction; or

(3) a district court exercising probate jurisdiction in a contested matter. (Tex. Prob. Code, Sec. 3(f).)

Sec. 22.020. LEGACY. "Legacy" includes a gift or devise of real or personal property made by a will. (Tex. Prob. Code, Sec. 3(s) (part).)

Sec. 22.021. LEGATEE. "Legatee" includes a person who is entitled to a legacy under a will. (Tex. Prob. Code, Sec. 3(s) (part).)

Sec. 22.022. MINOR. "Minor" means a person younger than 18 years of age who:

(1) has never been married; and

(2) has not had the disabilities of minority removed for general purposes. (Tex. Prob. Code, Sec. 3(t).)

Sec. 22.023. MINUTES. "Minutes" means the probate minutes. (Tex. Prob. Code, Sec. 3(u).)

Sec. 22.024. MORTGAGE; LIEN. "Mortgage" and "lien" include:

(1) a deed of trust;

(2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;

(3) a chattel mortgage;

(4) a judgment; and

(5) a pledge by hypothecation. (Tex. Prob. Code, Sec. 3(v).)

Sec. 22.025. NET ESTATE. "Net estate" means a decedent's property excluding:

(1) homestead rights;

(2) exempt property;

(3) the family allowance; and

(4) an enforceable claim against the decedent's estate. (Tex. Prob. Code, Sec. 3(w).)

Sec. 22.026. NEXT OF KIN. "Next of kin" includes:

(1) an adopted child or the adopted child's descendants; and

(2) the adoptive parent of the adopted child. (Tex. Prob. Code, Sec. 3(jj).)

Sec. 22.027. PERSON. (a) "Person" includes a natural person and a corporation.

(b) The definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in this code. (Tex. Prob. Code, Sec. 3(x); New.)

Sec. 22.028. PERSONAL PROPERTY. "Personal property" includes an interest in:

(1) goods;

(2) money;

(3) a chose in action;

(4) an evidence of debt; and

(5) a real chattel. (Tex. Prob. Code, Sec. 3(z).)

Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS; PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE. The terms "probate matter," "probate proceedings," "proceeding in probate," and "proceedings for probate" are synonymous and include a matter or proceeding relating to a decedent's estate. (Tex. Prob. Code, Sec. 3(bb).)

Sec. 22.030. REAL PROPERTY. "Real property" includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. The term does not include a real chattel. (Tex. Prob. Code, Sec. 3(dd).)

Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE. (a) "Representative" and "personal representative" include:

(1) an executor and independent executor;

(2) an administrator, independent administrator, and temporary administrator; and

(3) a successor to an executor or administrator listed in Subdivision (1) or (2).

(b) The inclusion of an independent executor in Subsection (a) may not be construed to subject an independent executor to the control of the courts in probate matters with respect to settlement of estates, except as expressly provided by law. (Tex. Prob. Code, Sec. 3(aa).)

Sec. 22.032. SURETY. "Surety" includes a personal surety and a corporate surety. (Tex. Prob. Code, Sec. 3(ee).)

Sec. 22.033. WARD. "Ward" means a person for whom a guardian has been appointed. (Tex. Prob. Code, Sec. 3(mm).)

Sec. 22.034. WILL. "Will" includes:

(1) a codicil; and

(2) a testamentary instrument that merely:

(A) appoints an executor or guardian;

(B) directs how property may not be disposed of; or

(C) revokes another will. (Tex. Prob. Code, Sec. 3(ff).)

[Chapters 23-30 reserved for expansion]

TITLE 2. ESTATES OF DECEDENTS

SUBTITLE A. SCOPE, JURISDICTION, AND COURTS

[Chapters 31-50 reserved for expansion]

SUBTITLE B. PROCEDURAL MATTERS

CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS Sec. 51.003. CONTENTS OF CITATION OR NOTICE

[Sections 51.004-51.050 reserved for expansion]

SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS

TO BE SERVED

Sec. 51.051. PERSONAL SERVICE Sec. 51.052. SERVICE BY MAIL Sec. 51.053. SERVICE BY POSTING Sec. 51.054. SERVICE BY PUBLICATION Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR

RECEIVER

[Sections 51.057-51.100 reserved for expansion]

SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR

NOTICE SERVED BY PERSONAL SERVICE Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON

CITATION OR NOTICE SERVED BY POSTING Sec. 51.103. PROOF OF SERVICE Sec. 51.104. RETURN TO COURT

[Sections 51.105-51.150 reserved for expansion]

SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND

RETURN UNDER CERTAIN CIRCUMSTANCES

[Sections 51.152-51.200 reserved for expansion]

SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS Sec. 51.201. WAIVER OF NOTICE OF HEARING Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE

DEPOSITIONS IN CERTAIN MATTERS

CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL

SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS

Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL. (a) Except as provided by Subsection (b), a person is not required to be cited or otherwise given notice except in a situation in which this title expressly provides for citation or the giving of notice.

(b) If this title does not expressly provide for citation or the issuance or return of notice in a probate matter, the court may require that notice be given. A court that requires that notice be given may prescribe the form and manner of service of the notice and the return of service.

(c) Unless a court order is required by this title, the county clerk without a court order shall issue:

(1) necessary citations, writs, and other process in a probate matter; and

(2) all notices not required to be issued by a personal representative. (Tex. Prob. Code, Secs. 33(a), (b).)

Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS. (a) A writ or other process other than a citation or notice must be directed "To any sheriff or constable within the State of Texas."

(b) Notwithstanding Subsection (a), a writ or other process other than a citation or notice may not be held defective because the process is directed to the sheriff or a constable of a named county if the process is properly served within that county by the sheriff or constable. (Tex. Prob. Code, Sec. 33(c) (part).)

Sec. 51.003. CONTENTS OF CITATION OR NOTICE. (a) A citation or notice must:

(1) be directed to the person to be cited or notified;

(2) be dated;

(3) state the style and number of the proceeding;

(4) state the court in which the proceeding is pending;

(5) describe generally the nature of the proceeding or matter to which the citation or notice relates;

(6) direct the person being cited or notified to appear by filing a written contest or answer or to perform another required action; and

(7) state when and where the appearance or performance described by Subdivision (6) is required.

(b) A citation or notice issued by the county clerk must be styled "The State of Texas" and be signed by the clerk under the clerk's seal.

(c) A notice required to be given by a personal representative must be in writing and be signed by the representative in the representative's official capacity.

(d) A citation or notice is not required to contain a precept directed to an officer, but may not be held defective because the citation or notice contains a precept directed to an officer authorized to serve the citation or notice. (Tex. Prob. Code, Sec. 33(c) (part).)

[Sections 51.004-51.050 reserved for expansion]

SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS

TO BE SERVED

Sec. 51.051. PERSONAL SERVICE. (a) Except as otherwise provided by Subsection (b), if personal service of citation or notice is required, the citation or notice must be served on the attorney of record for the person to be cited or notified. Notwithstanding the requirement of personal service, service may be made on that attorney by any method specified by Section 51.055 for service on an attorney of record.

(b) If the person to be cited or notified does not have an attorney of record in the proceeding, or if an attempt to serve the person's attorney is unsuccessful:

(1) the sheriff or constable shall serve the citation or notice by delivering a copy of the citation or notice to the person to be cited or notified, in person, if the person to whom the citation or notice is directed is in this state; or

(2) any disinterested person competent to make an oath that the citation or notice was served may serve the citation or notice, if the person to be cited or notified is absent from or is not a resident of this state.

(c) The return day of the citation or notice served under Subsection (b) must be at least 10 days after the date of service, excluding the date of service.

(d) If citation or notice attempted to be served as provided by Subsection (b) is returned with the notation that the person sought to be served, whether inside or outside this state, cannot be found, the county clerk shall issue a new citation or notice. Service of the new citation or notice must be made by publication. (Tex. Prob. Code, Sec. 33(f)(1) (part).)

Sec. 51.052. SERVICE BY MAIL. (a) The county clerk, or the personal representative if required by statute or court order, shall serve a citation or notice required or permitted to be served by regular mail by mailing the original citation or notice to the person to be cited or notified.

(b) Except as provided by Subsection (c), the county clerk shall issue a citation or notice required or permitted to be served by registered or certified mail and shall serve the citation or notice by mailing the original citation or notice by registered or certified mail.

(c) A personal representative shall issue a notice required to be given by the representative by registered or certified mail and shall serve the notice by mailing the original notice by registered or certified mail.

(d) The county clerk or personal representative, as applicable, shall mail a citation or notice under Subsection (b) or (c) with an instruction to deliver the citation or notice to the addressee only and with return receipt requested. The clerk or representative, as applicable, shall address the envelope containing the citation or notice to:

(1) the attorney of record in the proceeding for the person to be cited or notified; or

(2) the person to be cited or notified, if the citation or notice to the attorney is returned undelivered or the person to be cited or notified has no attorney of record in the proceeding.

(e) Service by mail shall be made at least 20 days before the return day of the service, excluding the date of service. The date of service by mail is the date of mailing.

(f) A copy of a citation or notice served under Subsection (a), (b), or (c), together with a certificate of the person serving the citation or notice showing that the citation or notice was mailed and the date of the mailing, shall be filed and recorded. A returned receipt for a citation or notice served under Subsection (b) or (c) shall be attached to the certificate.

(g) If a citation or notice served by mail is returned undelivered, a new citation or notice shall be issued. Service of the new citation or notice must be made by posting. (Tex. Prob. Code, Sec. 33(f)(4).)

Sec. 51.053. SERVICE BY POSTING. (a) The county clerk shall deliver the original and a copy of a citation or notice required to be posted to the sheriff or a constable of the county in which the proceeding is pending. The sheriff or constable shall post the copy at the door of the county courthouse or the location in or near the courthouse where public notices are customarily posted.

(b) Citation or notice under this section must be posted for at least 10 days before the return day of the service, excluding the date of posting, except as provided by Section 51.102(b). The date of service of citation or notice by posting is the date of posting.

(c) A sheriff or constable who posts a citation or notice under this section shall return the original citation or notice to the county clerk and state the date and location of the posting in a written return on the citation or notice.

(d) The method of service prescribed by this section applies when a personal representative is required or permitted to post a notice. The notice must be:

(1) issued in the name of the representative;

(2) addressed and delivered to, and posted and returned by, the appropriate officer; and

(3) filed with the county clerk. (Tex. Prob. Code, Sec. 33(f)(2).)

Sec. 51.054. SERVICE BY PUBLICATION. (a) Citation or notice to a person to be served by publication shall be published one time in a newspaper of general circulation in the county in which the proceeding is pending. The publication must be made at least 10 days before the return day of the service, excluding the date of publication.

(b) The date of service of citation or notice by publication is the date of publication printed on the newspaper in which the citation or notice is published.

(c) If no newspaper is published, printed, or of general circulation in the county in which the citation or notice is to be published, the citation or notice under Subsection (a) shall be served by posting. (Tex. Prob. Code, Sec. 33(f)(3).)

Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a) If a party is represented by an attorney of record in a probate proceeding, each citation or notice required to be served on the party in that proceeding shall be served instead on that attorney. A notice under this subsection may be served by delivery to the attorney in person or by registered or certified mail.

(b) A notice may be served on an attorney of record under this section by:

(1) another party to the proceeding;

(2) the attorney of record for another party to the proceeding;

(3) the appropriate sheriff or constable; or

(4) any other person competent to testify.

(c) Each of the following is prima facie evidence of the fact that service has been made under this section:

(1) the written statement of an attorney of record showing service;

(2) the return of the officer showing service; and

(3) the affidavit of any other person showing service. (Tex. Prob. Code, Sec. 34.)

Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR RECEIVER. Unless this title expressly provides for another method of service, the county clerk who issues a citation or notice required to be served on a personal representative or receiver shall serve the citation or notice by mailing the original citation or notice by registered or certified mail to:

(1) the representative's or receiver's attorney of record; or

(2) the representative or receiver, if the representative or receiver does not have an attorney of record. (Tex. Prob. Code, Sec. 33(e).)

[Sections 51.057-51.100 reserved for expansion]

SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE

Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR NOTICE SERVED BY PERSONAL SERVICE. The return of the person serving a citation or notice under Section 51.051 must:

(1) be endorsed on or attached to the citation or notice;

(2) state the date and place of service;

(3) certify that a copy of the citation or notice was delivered to the person directed to be served;

(4) be subscribed and sworn to before, and under the hand and official seal of, an officer authorized by the laws of this state to take an affidavit; and

(5) be returned to the county clerk who issued the citation or notice. (Tex. Prob. Code, Sec. 33(f)(1) (part).)

Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON CITATION OR NOTICE SERVED BY POSTING. (a) A citation or notice in a probate matter that is required to be served by posting and is issued in conformity with this title, and the service and return of service of the citation or notice, is valid if:

(1) a sheriff or constable posts a copy of the citation or notice at the location or locations prescribed by this title; and

(2) the posting occurs on a day preceding the return day of service specified in the citation or notice that provides sufficient time for the period the citation or notice must be posted to expire before the specified return day.

(b) The fact that a sheriff or constable, as applicable, makes the return of service on the citation or notice described by Subsection (a) and returns the citation or notice on which the return has been made to the court before the expiration of the period the citation or notice must be posted does not affect the validity of the citation or notice or the service or return of service. This subsection applies even if the sheriff or constable makes the return of service and returns the citation or notice on which the return is made to the court on the same day the citation or notice is issued. (Tex. Prob. Code, Sec. 33(h).)

Sec. 51.103. PROOF OF SERVICE. (a) Proof of service in each case requiring citation or notice must be filed before the hearing.

(b) Proof of service consists of:

(1) if the service is made by a sheriff or constable, the return of service;

(2) if the service is made by a private person, the person's affidavit;

(3) if the service is made by mail:

(A) the certificate of the county clerk making the service, or the affidavit of the personal representative or other person making the service, stating that the citation or notice was mailed and the date of the mailing; and

(B) the return receipt attached to the certificate or affidavit, as applicable, if the mailing was by registered or certified mail and a receipt has been returned; and

(4) if the service is made by publication, an affidavit:

(A) made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher;

(B) that contains or to which is attached a copy of the published citation or notice; and

(C) that states the date of publication printed on the newspaper in which the citation or notice was published. (Tex. Prob. Code, Sec. 33(i).)

Sec. 51.104. RETURN TO COURT. A citation or notice issued by a county clerk must be returned to the court from which the citation or notice was issued on the first Monday after the service is perfected. (Tex. Prob. Code, Sec. 33(g).)

[Sections 51.105-51.150 reserved for expansion]

SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN

Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES. (a) A citation or notice required by this title shall be issued, served, and returned in the manner specified by written order of the court in accordance with this title and the Texas Rules of Civil Procedure if:

(1) an interested person requests that action;

(2) a specific method is not provided by this title for giving the citation or notice;

(3) a specific method is not provided by this title for the service and return of citation or notice; or

(4) a provision relating to a matter described by Subdivision (2) or (3) is inadequate.

(b) Citation or notice issued, served, and returned in the manner specified by a court order as provided by Subsection (a) has the same effect as if the manner of service and return had been specified by this title. (Tex. Prob. Code, Sec. 33(d).)

[Sections 51.152-51.200 reserved for expansion]

SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS

Sec. 51.201. WAIVER OF NOTICE OF HEARING. (a) A legally competent person who is interested in a hearing in a probate proceeding may waive notice of the hearing in writing either in person or through an attorney.

(b) A trustee of a trust may waive notice under Subsection (a) on behalf of a beneficiary of the trust as provided by that subsection.

(c) A consul or other representative of a foreign government whose appearance has been entered as provided by law on behalf of a person residing in a foreign country may waive notice under Subsection (a) on the person's behalf as provided by that subsection.

(d) A person who submits to the jurisdiction of the court in a hearing is considered to have waived notice of the hearing. (Tex. Prob. Code, Sec. 35.)

Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING. (a) At any time after an application is filed to commence a probate proceeding, including a proceeding for the probate of a will, the grant of letters testamentary or of administration, or a determination of heirship, a person interested in the estate may file with the county clerk a written request to be notified of all, or any specified, motions, applications, or pleadings filed with respect to the proceeding by any person or by one or more persons specifically named in the request. A person filing a request under this section is responsible for payment of the fees and other costs of providing a requested notice, and the clerk may require a deposit to cover the estimated costs of providing the notice. Thereafter, the clerk shall send to the requestor by regular mail a copy of any requested document.

(b) A county clerk's failure to comply with a request under this section does not invalidate any proceeding. (Tex. Prob. Code, Sec. 33(j).)

Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN CERTAIN MATTERS. (a) If a will is to be probated, or in another probate matter in which there is no opposing party or attorney of record on whom to serve notice and copies of interrogatories, service may be made by posting notice of the intention to take depositions for a period of 10 days as provided by Section 51.053 governing a posting of notice.

(b) When notice by posting under Subsection (a) is filed with the county clerk, a copy of the interrogatories must also be filed.

(c) At the expiration of the 10-day period prescribed by Subsection (a):

(1) commission may issue for taking the depositions for which the notice was posted; and

(2) the judge may file cross-interrogatories if no person appears. (Tex. Prob. Code, Sec. 22 (part).) CHAPTER 52. FILING AND RECORDKEEPING SUBCHAPTER A. RECORDKEEPING REQUIREMENTS Sec. 52.001. PROBATE DOCKET Sec. 52.002. CLAIM DOCKET Sec. 52.003. PROBATE FEE BOOK Sec. 52.004. ALTERNATE RECORDKEEPING

[Sections 52.005-52.050 reserved for expansion]

SUBCHAPTER B. FILES; INDEX Sec. 52.051. FILING PROCEDURES Sec. 52.052. CASE FILES Sec. 52.053. INDEX

CHAPTER 52. FILING AND RECORDKEEPING

SUBCHAPTER A. RECORDKEEPING REQUIREMENTS

Sec. 52.001. PROBATE DOCKET. (a) The county clerk shall maintain a record book titled "Judge's Probate Docket" and shall record in the book:

(1) the name of each person with respect to whom, or with respect to whose estate, proceedings are commenced or sought to be commenced;

(2) the name of each executor, administrator, or applicant for letters testamentary or of administration;

(3) the date each original application for probate proceedings is filed;

(4) a minute of each order, judgment, decree, and proceeding that occurs in each estate, including the date it occurs; and

(5) the docket number of each estate as assigned under Subsection (b).

(b) The county clerk shall assign a docket number to each estate in the order proceedings are commenced. (Tex. Prob. Code, Sec. 13 (part).)

Sec. 52.002. CLAIM DOCKET. (a) The county clerk shall maintain a record book titled "Claim Docket" and shall record in the book each claim that is presented against an estate for the court's approval.

(b) The county clerk shall assign one or more pages of the record book to each estate.

(c) The claim docket must be ruled in 16 columns at proper intervals from top to bottom, with a short note of the contents at the top of each column. The county clerk shall record for each claim, in the order claims are filed, the following information in the respective columns, beginning with the first or marginal column:

(1) the name of the claimant;

(2) the amount of the claim;

(3) the date of the claim;

(4) the date the claim is filed;

(5) the date the claim is due;

(6) the date the claim begins bearing interest;

(7) the interest rate;

(8) the date the claim is allowed by the executor or administrator, if applicable;

(9) the amount allowed by the executor or administrator, if applicable;

(10) the date the claim is rejected, if applicable;

(11) the date the claim is approved, if applicable;

(12) the amount approved for the claim, if applicable;

(13) the date the claim is disapproved, if applicable;

(14) the class to which the claim belongs;

(15) the date the claim is established by a judgment of a court, if applicable; and

(16) the amount of the judgment established under Subdivision (15), if applicable. (Tex. Prob. Code, Sec. 14.)

Sec. 52.003. PROBATE FEE BOOK. (a) The county clerk shall maintain a record book titled "Probate Fee Book" and shall record in the book each item of cost that accrues to the officers of the court and any witness fees.

(b) Each record entry must include:

(1) the party to whom the cost or fee is due;

(2) the date the cost or fee accrued;

(3) the estate or party liable for the cost or fee; and

(4) the date the cost or fee is paid. (Tex. Prob. Code, Sec. 16.)

Sec. 52.004. ALTERNATE RECORDKEEPING. Instead of maintaining the record books described by Sections 52.001, 52.002, and 52.003, the county clerk may maintain the information described by those sections relating to a person's or estate's probate proceedings:

(1) on a computer file;

(2) on microfilm;

(3) in the form of a digitized optical image; or

(4) in another similar form of data compilation. (Tex. Prob. Code, Sec. 17.)

[Sections 52.005-52.050 reserved for expansion]

SUBCHAPTER B. FILES; INDEX

Sec. 52.051. FILING PROCEDURES. (a) An application for a probate proceeding, complaint, petition, or other paper permitted or required by law to be filed with a court in a probate matter must be filed with the county clerk of the appropriate county.

(b) Each paper filed in an estate must be given the docket number assigned to the estate.

(c) On receipt of a paper described by Subsection (a), the county clerk shall:

(1) file the paper; and

(2) endorse on the paper:

(A) the date the paper is filed;

(B) the docket number; and

(C) the clerk's official signature. (Tex. Prob. Code, Secs. 11, 13(e) (part).)

Sec. 52.052. CASE FILES. (a) The county clerk shall maintain a case file for the estate of each decedent for which a probate proceeding has been filed.

(b) Each case file must contain each order, judgment, and proceeding of the court and any other probate filing with the court, including each:

(1) application for the probate of a will;

(2) application for the granting of administration;

(3) citation and notice, whether published or posted, including the return on the citation or notice;

(4) will and the testimony on which the will is admitted to probate;

(5) bond and official oath;

(6) inventory, appraisement, and list of claims;

(7) exhibit and account;

(8) report of renting;

(9) application for sale or partition of real estate;

(10) report of sale;

(11) report of the commissioners of partition;

(12) application for authority to execute a lease for mineral development, or for pooling or unitization of lands, royalty, or other interest in minerals, or to lend or invest money; and

(13) report of lending or investing money.

(c) Only the substance of a deposition must be recorded under Subsection (b)(4). (Tex. Prob. Code, Sec. 15.)

Sec. 52.053. INDEX. (a) The county clerk shall properly index the records required under this chapter.

(b) The county clerk shall keep the index open for public inspection, but may not release the index from the clerk's custody. (Tex. Prob. Code, Sec. 17A.) CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES SUBCHAPTER A. ENFORCEMENT OF ORDERS Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS

[Sections 53.002-53.050 reserved for expansion]

SUBCHAPTER B. COSTS AND SECURITY Sec. 53.051. APPLICABILITY OF CERTAIN LAWS Sec. 53.052. SECURITY FOR CERTAIN COSTS Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES

OF CERTAIN MILITARY SERVICEMEMBERS

[Sections 53.054-53.100 reserved for expansion]

SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS Sec. 53.101. CALLING OF DOCKETS Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES,

AND JUDGMENTS Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM Sec. 53.105. SIGNING OF MINUTES Sec. 53.106. EXECUTIONS IN PROBATE MATTERS

CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES

SUBCHAPTER A. ENFORCEMENT OF ORDERS

Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS. A judge may enforce the judge's lawful orders against an executor or administrator by attachment and confinement. Unless this title expressly provides otherwise, the term of confinement for any one offense under this section may not exceed three days. (Tex. Prob. Code, Sec. 24.)

[Sections 53.002-53.050 reserved for expansion]

SUBCHAPTER B. COSTS AND SECURITY

Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law regulating costs in ordinary civil cases applies to a probate matter when not expressly provided for in this title. (Tex. Prob. Code, Sec. 12(a).)

Sec. 53.052. SECURITY FOR CERTAIN COSTS. (a) The clerk may require a person who files an application, complaint, or opposition relating to an estate, other than the personal representative of the estate, to provide security for the probable costs of the proceeding before filing the application, complaint, or opposition.

(b) At any time before the trial of an application, complaint, or opposition described by Subsection (a), anyone interested in the estate or an officer of the court may, by written motion, obtain from the court an order requiring the person who filed the application, complaint, or opposition to provide security for the probable costs of the proceeding. The rules governing civil suits in the county court with respect to giving security for the probable costs of a proceeding control in cases described by Subsection (a) and this subsection.

(c) An executor or administrator appointed by a court of this state may not be required to provide security for costs in an action brought by the executor or administrator in the executor's or administrator's fiduciary capacity. (Tex. Prob. Code, Secs. 12(b), (c).)

Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat.

(b) Notwithstanding any other law, the clerk of a county court may not charge, or collect from, the estate of a decedent any of the following fees if the decedent died while in active service as a member of the armed forces of the United States in a combat zone:

(1) a fee for or associated with the filing of the decedent's will for probate; and

(2) a fee for any service rendered by the probate court regarding the administration of the decedent's estate. (Tex. Prob. Code, Sec. 11A.)

[Sections 53.054-53.100 reserved for expansion]

SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS

Sec. 53.101. CALLING OF DOCKETS. The judge in whose court probate proceedings are pending, at times determined by the judge, shall:

(1) call the estates of decedents in the estates' regular order on both the probate and claim dockets; and

(2) issue orders as necessary. (Tex. Prob. Code, Sec. 19.)

Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK. (a) If a judge is unable to designate the time and place for hearing a probate matter pending in the judge's court because the judge is absent from the county seat or is on vacation, disqualified, ill, or deceased, the county clerk of the county in which the matter is pending may:

(1) designate the time and place for hearing;

(2) enter the setting on the judge's docket; and

(3) certify on the docket the reason that the judge is not acting to set the hearing.

(b) If, after the perfection of the service of notices and citations required by law concerning the time and place of hearing, a qualified judge is not present for a hearing set under Subsection (a), the hearing is automatically continued from day to day until a qualified judge is present to hear and determine the matter. (Tex. Prob. Code, Sec. 20.)

Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS. The county court shall render all decisions, orders, decrees, and judgments in probate matters in open court, except as otherwise specially provided. (Tex. Prob. Code, Sec. 23 (part).)

Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except as provided by Section 202.009(b), the judge of a probate court may appoint an attorney ad litem in any probate proceeding to represent the interests of:

(1) a person who has a legal disability;

(2) a nonresident;

(3) an unborn or unascertained person; or

(4) an unknown heir.

(b) An attorney ad litem appointed under this section is entitled to reasonable compensation for services provided in the amount set by the court, to be taxed as costs in the proceeding. (Tex. Prob. Code, Sec. 34A.)

Sec. 53.105. SIGNING OF MINUTES. (a) Except as provided by Subsection (b), the judge shall approve and sign the minutes on the first day of each month.

(b) If the first day of the month falls on a Sunday, the judge's approval must be entered on the preceding or succeeding day. (Tex. Prob. Code, Sec. 23 (part).)

Sec. 53.106. EXECUTIONS IN PROBATE MATTERS. (a) An execution in a probate matter must be:

(1) directed "to any sheriff or any constable within the State of Texas";

(2) attested and signed by the clerk officially under court seal; and

(3) made returnable in 60 days.

(b) A proceeding under an execution described by Subsection (a) is governed, to the extent applicable, by the laws regulating a proceeding under an execution issued by a district court.

(c) Notwithstanding Subsection (a), an execution directed to the sheriff or a constable of a specific county in this state may not be held defective if properly executed within that county by the sheriff or constable to whom the execution is directed. (Tex. Prob. Code, Sec. 25.) CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL SUBCHAPTER A. PLEADINGS Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING Sec. 54.002. DEFECT IN PLEADING

[Sections 54.003-54.050 reserved for expansion]

SUBCHAPTER B. EVIDENCE Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING

TO WITNESSES AND EVIDENCE Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE

CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL

SUBCHAPTER A. PLEADINGS

Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING. (a) The filing or contesting in probate court of a pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the estate.

(b) This section does not abrogate any right of a person under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil Practice and Remedies Code. (Tex. Prob. Code, Sec. 10C.)

Sec. 54.002. DEFECT IN PLEADING. A court may not invalidate a pleading in probate, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending. (Tex. Prob. Code, Sec. 9.)

[Sections 54.003-54.050 reserved for expansion]

SUBCHAPTER B. EVIDENCE

Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE. Except as provided by Section 51.203, the rules relating to witnesses and evidence that apply in the district court apply in a proceeding arising under this title to the extent practicable. (Tex. Prob. Code, Sec. 22 (part).)

Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE. The following are admissible as evidence in any court of this state:

(1) record books described by Sections 52.001, 52.002, and 52.003 and individual case files described by Section 52.052, including records maintained in a manner allowed under Section 52.004; and

(2) certified copies or reproductions of the records. (Tex. Prob. Code, Sec. 18.) CHAPTER 55. COMPLAINTS AND CONTESTS SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING Sec. 55.002. TRIAL BY JURY

[Sections 55.003-55.050 reserved for expansion]

SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE ORGANIZATION AS PARTY TO CERTAIN ACTIONS ORGANIZATION AS PARTY TO CERTAIN ACTIONS Sec. 55.051. DEFINITION Sec. 55.052. NECESSARY PARTY Sec. 55.053. SERVICE OF PROCESS

[Sections 55.054-55.100 reserved for expansion]

SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT Sec. 55.101. ENTITLEMENT TO PRODUCTION OF

COMMUNICATIONS AND RECORDS Sec. 55.102. RELEASE OF RECORDS

[Sections 55.103-55.150 reserved for expansion]

SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT Sec. 55.152. BOND

[Sections 55.153-55.200 reserved for expansion]

SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE Sec. 55.201. COMPLAINT AND CITATION Sec. 55.202. HEARING AND ORDER Sec. 55.203. CONVEYANCE

[Sections 55.204-55.250 reserved for expansion]

SUBCHAPTER F. BILL OF REVIEW Sec. 55.251. REVISION AND CORRECTION OF ORDER IN

PROBATE PROCEEDING Sec. 55.252. INJUNCTION

CHAPTER 55. COMPLAINTS AND CONTESTS

SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT

Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING. A person interested in an estate may, at any time before the court decides an issue in a proceeding, file written opposition regarding the issue. The person is entitled to process for witnesses and evidence, and to be heard on the opposition, as in other suits. (Tex. Prob. Code, Sec. 10.)

Sec. 55.002. TRIAL BY JURY. In a contested probate or mental illness proceeding in a probate court, a party is entitled to a jury trial as in other civil actions. (Tex. Prob. Code, Sec. 21.)

[Sections 55.003-55.050 reserved for expansion]

SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE

ORGANIZATION AS PARTY TO CERTAIN ACTIONS

Sec. 55.051. DEFINITION. In this subchapter, "institution of higher education" has the meaning assigned by Section 61.003, Education Code. (Tex. Prob. Code, Sec. 10A(a) (part).)

Sec. 55.052. NECESSARY PARTY. An institution of higher education, a private institution of higher education, or a charitable organization that is a distributee under a will is a necessary party to a will contest or will construction suit involving the will. (Tex. Prob. Code, Sec. 10A(a) (part).)

Sec. 55.053. SERVICE OF PROCESS. The court shall serve an institution or organization that is a necessary party under Section 55.052 in the manner provided by this title for service on other parties. (Tex. Prob. Code, Sec. 10A(b).)

[Sections 55.054-55.100 reserved for expansion]

SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT

Sec. 55.101. ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS AND RECORDS. Notwithstanding Subtitle B, Title 3, Occupations Code, a person who is a party to a will contest or proceeding in which a party relies on the mental or testamentary capacity of a decedent before the decedent's death as part of the party's claim or defense is entitled to production of all communications or records relevant to the decedent's condition before the decedent's death. (Tex. Prob. Code, Sec. 10B (part).)

Sec. 55.102. RELEASE OF RECORDS. On receipt of a subpoena for communications or records described by Section 55.101 and a file-stamped copy of the will contest or proceeding described by that section, the appropriate physician, hospital, medical facility, custodian of records, or other person in possession of the communications or records shall release the communications or records to the requesting party without further authorization. (Tex. Prob. Code, Sec. 10B (part).)

[Sections 55.103-55.150 reserved for expansion]

SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY

Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT. (a) If a person interested in an estate files with the judge a written complaint made under oath alleging that the executor or administrator of the estate is about to remove the estate or part of the estate outside of the state, the judge may order a writ of attachment to issue, directed "to any sheriff or any constable within the State of Texas." The writ must order the sheriff or constable to:

(1) seize the estate or a part of the estate; and

(2) hold that property subject to the judge's additional orders regarding the complaint.

(b) Notwithstanding Subsection (a), a writ of attachment directed to the sheriff or constable of a specific county within the state is not defective if the writ was properly executed in that county by that officer. (Tex. Prob. Code, Sec. 26 (part).)

Sec. 55.152. BOND. Before a writ of attachment ordered under Section 55.151 may be issued, the complainant must execute a bond that is:

(1) payable to the executor or administrator of the estate;

(2) in an amount set by the judge; and

(3) conditioned for the payment of all damages and costs that are recovered for the wrongful suing out of the writ. (Tex. Prob. Code, Sec. 26 (part).)

[Sections 55.153-55.200 reserved for expansion]

SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE

Sec. 55.201. COMPLAINT AND CITATION. (a) If a person sold property and entered into a bond or other written agreement to transfer title to the property and then died without transferring the title, the owner of the bond or agreement or the owner's legal representative may:

(1) file a written complaint in the court of the county in which letters testamentary or of administration on the decedent's estate were granted; and

(2) have the personal representative of the estate cited to appear on a date stated in the citation and show cause why specific performance of the bond or agreement should not be ordered.

(b) Except as provided by Subsection (c), the bond or agreement must be filed with the complaint described by Subsection (a).

(c) If good cause under oath is shown why the bond or written agreement cannot be filed with the complaint, the bond or agreement or the substance of the bond or agreement must be stated in the complaint. (Tex. Prob. Code, Sec. 27 (part).)

Sec. 55.202. HEARING AND ORDER. (a) After service of the citation under Section 55.201, the court shall hear the complaint and the evidence on the complaint.

(b) The court shall order the personal representative to transfer title to the property, according to the tenor of the bond or agreement, to the complainant if the judge is satisfied from the proof that:

(1) the bond or agreement was legally executed by the decedent; and

(2) the complainant has a right to demand specific performance.

(c) The order must fully describe the property to be transferred. (Tex. Prob. Code, Sec. 27 (part).)

Sec. 55.203. CONVEYANCE. (a) A conveyance made under this subchapter must refer to and identify the court order authorizing the conveyance. On delivery of the conveyance, all the right and title to the property conveyed that the decedent had vests in the person to whom the conveyance is made.

(b) A conveyance under this subchapter is prima facie evidence that all requirements of the law for obtaining the conveyance have been complied with. (Tex. Prob. Code, Sec. 27 (part).)

[Sections 55.204-55.250 reserved for expansion]

SUBCHAPTER F. BILL OF REVIEW

Sec. 55.251. REVISION AND CORRECTION OF ORDER IN PROBATE PROCEEDING. (a) An interested person may, by a bill of review filed in the court in which the probate proceedings were held, have an order rendered by the court revised and corrected on a showing of error in the order.

(b) A bill of review to revise and correct an order may not be filed more than two years after the date of the order. (Tex. Prob. Code, Sec. 31 (part).)

Sec. 55.252. INJUNCTION. A process or action under a court order subject to a bill of review filed under Section 55.251 may be stayed only by writ of injunction. (Tex. Prob. Code, Sec. 31 (part).) CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL REPRESENTATIVE FOR SERVICE OF PROCESS REPRESENTATIVE FOR SERVICE OF PROCESS Sec. 56.001. CHANGE OF RESIDENT AGENT Sec. 56.002. RESIGNATION OF RESIDENT AGENT

CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL

REPRESENTATIVE FOR SERVICE OF PROCESS

Sec. 56.001. CHANGE OF RESIDENT AGENT. (a) A personal representative of an estate may change the representative's resident agent to accept service of process in a probate proceeding or other action relating to the estate by filing with the court in which the probate proceeding is pending a statement titled "Designation of Successor Resident Agent" that states the names and addresses of:

(1) the representative;

(2) the resident agent; and

(3) the successor resident agent.

(b) The designation of a successor resident agent takes effect on the date a statement under Subsection (a) is filed with the court. (Tex. Prob. Code, Sec. 221A.)

Sec. 56.002. RESIGNATION OF RESIDENT AGENT. (a) A resident agent of a personal representative may resign as resident agent by giving notice to the representative and filing with the court in which the probate proceeding is pending a statement titled "Resignation of Resident Agent" that states:

(1) the name of the representative;

(2) the representative's address most recently known by the resident agent;

(3) that notice of the resignation has been given to the representative and the date that notice was given; and

(4) that the representative has not designated a successor resident agent.

(b) The resident agent shall send, by certified mail, return receipt requested, a copy of a resignation statement filed under Subsection (a) to:

(1) the personal representative at the address most recently known by the resident agent; and

(2) each party in the case or the party's attorney or other designated representative of record.

(c) The resignation of a resident agent takes effect on the date the court enters an order accepting the resignation. A court may not enter an order accepting the resignation unless the resident agent complies with this section. (Tex. Prob. Code, Sec. 221B.)

[Chapters 57-100 reserved for expansion]

SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS'

PROPERTY IN GENERAL

CHAPTER 101. ESTATE ASSETS IN GENERAL SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH Sec. 101.001. PASSAGE OF ESTATE ON DECEDENT'S DEATH Sec. 101.002. EFFECT OF JOINT OWNERSHIP OF PROPERTY Sec. 101.003. POSSESSION OF ESTATE BY PERSONAL

REPRESENTATIVE

[Sections 101.004-101.050 reserved for expansion]

SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS Sec. 101.051. LIABILITY OF ESTATE FOR DEBTS IN GENERAL Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR

DEBTS OF DECEASED SPOUSE

CHAPTER 101. ESTATE ASSETS IN GENERAL

SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH

Sec. 101.001. PASSAGE OF ESTATE ON DECEDENT'S DEATH. (a) Subject to Section 101.051, if a person dies leaving a lawful will:

(1) all of the person's estate that is devised by the will vests immediately in the devisees;

(2) all powers of appointment granted in the will vest immediately in the donees of those powers; and

(3) all of the person's estate that is not devised by the will vests immediately in the person's heirs at law.

(b) Subject to Section 101.051, the estate of a person who dies intestate vests immediately in the person's heirs at law. (Tex. Prob. Code, Sec. 37 (part).)

Sec. 101.002. EFFECT OF JOINT OWNERSHIP OF PROPERTY. If two or more persons hold an interest in property jointly and one joint owner dies before severance, the interest of the decedent in the joint estate:

(1) does not survive to the remaining joint owner or owners; and

(2) passes by will or intestacy from the decedent as if the decedent's interest had been severed. (Tex. Prob. Code, Sec. 46(a) (part).)

Sec. 101.003. POSSESSION OF ESTATE BY PERSONAL REPRESENTATIVE. On the issuance of letters testamentary or of administration on an estate described by Section 101.001, the executor or administrator has the right to possession of the estate as the estate existed at the death of the testator or intestate, subject to the exceptions provided by Section 101.051. The executor or administrator shall recover possession of the estate and hold the estate in trust to be disposed of in accordance with the law. (Tex. Prob. Code, Sec. 37 (part).)

[Sections 101.004-101.050 reserved for expansion]

SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS

Sec. 101.051. LIABILITY OF ESTATE FOR DEBTS IN GENERAL. (a) A decedent's estate vests in accordance with Section 101.001(a) subject to the payment of:

(1) the debts of the decedent, except as exempted by law; and

(2) any court-ordered child support payments that are delinquent on the date of the decedent's death.

(b) A decedent's estate vests in accordance with Section 101.001(b) subject to the payment of, and is still liable for:

(1) the debts of the decedent, except as exempted by law; and

(2) any court-ordered child support payments that are delinquent on the date of the decedent's death. (Tex. Prob. Code, Sec. 37 (part).)

Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR DEBTS OF DECEASED SPOUSE. (a) The community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse on death.

(b) The interest that the deceased spouse owned in any other nonexempt community property passes to the deceased spouse's heirs or devisees charged with the debts that were enforceable against the deceased spouse before death.

(c) This section does not prohibit the administration of community property under other provisions of this title relating to the administration of an estate. (Tex. Prob. Code, Secs. 155 (part), 156 (part).) CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD Sec. 102.001. TREATMENT OF CERTAIN CHILDREN Sec. 102.002. HOMESTEAD RIGHTS NOT AFFECTED BY

CHARACTER OF THE HOMESTEAD Sec. 102.003. PASSAGE OF HOMESTEAD Sec. 102.004. LIABILITY OF HOMESTEAD FOR DEBTS Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF

HOMESTEAD IS AUTHORIZED

CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD

Sec. 102.001. TREATMENT OF CERTAIN CHILDREN. For purposes of determining homestead rights, a child is a child of his or her mother and a child of his or her father, as provided by Sections 201.051, 201.052, and 201.053. (Tex. Prob. Code, Sec. 42(c) (part).)

Sec. 102.002. HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF THE HOMESTEAD. The homestead rights and the respective interests of the surviving spouse and children of a decedent are the same whether the homestead was the decedent's separate property or was community property between the surviving spouse and the decedent. (Tex. Prob. Code, Sec. 282.)

Sec. 102.003. PASSAGE OF HOMESTEAD. The homestead of a decedent who dies leaving a surviving spouse descends and vests on the decedent's death in the same manner as other real property of the decedent and is governed by the same laws of descent and distribution. (Tex. Prob. Code, Sec. 283.)

Sec. 102.004. LIABILITY OF HOMESTEAD FOR DEBTS. The homestead is not liable for the payment of any of the debts of the estate, other than:

(1) purchase money for the homestead;

(2) taxes due on the homestead;

(3) work and material used in constructing improvements on the homestead if the requirements of Section 50(a)(5), Article XVI, Texas Constitution, are met;

(4) an owelty of partition imposed against the entirety of the property by a court order or written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding;

(5) the refinance of a lien against the homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the decedent;

(6) an extension of credit on the homestead if the requirements of Section 50(a)(6), Article XVI, Texas Constitution, are met; or

(7) a reverse mortgage. (Tex. Prob. Code, Sec. 270.)

Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD. The homestead may not be partitioned among the decedent's heirs:

(1) during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or

(2) during the period the guardian of the decedent's minor children is permitted to use and occupy the homestead under a court order. (Tex. Prob. Code, Sec. 284.)

Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF HOMESTEAD IS AUTHORIZED. The homestead may be partitioned among the respective owners of the property in the same manner as other property held in common if:

(1) the surviving spouse dies, sells his or her interest in the homestead, or elects to no longer use or occupy the property as a homestead; or

(2) the court no longer permits the guardian of the minor children to use and occupy the property as a homestead. (Tex. Prob. Code, Sec. 285.)

[Chapters 103-110 reserved for expansion]

CHAPTER 111. NONPROBATE ASSETS IN GENERAL SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS BETWEEN JOINT TENANTS Sec. 111.001. RIGHT OF SURVIVORSHIP AGREEMENTS

AUTHORIZED Sec. 111.002. AGREEMENTS CONCERNING COMMUNITY PROPERTY

[Sections 111.003-111.050 reserved for expansion]

SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER OF CERTAIN ASSETS ON DEATH Sec. 111.051. DEFINITIONS Sec. 111.052. VALIDITY OF CERTAIN NONTESTAMENTARY

INSTRUMENTS AND PROVISIONS Sec. 111.053. CREDITOR'S RIGHTS NOT LIMITED

CHAPTER 111. NONPROBATE ASSETS IN GENERAL

SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS

BETWEEN JOINT TENANTS

Sec. 111.001. RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED. (a) Notwithstanding Section 101.002, two or more persons who hold an interest in property jointly may agree in writing that the interest of a joint owner who dies survives to the surviving joint owner or owners.

(b) An agreement described by Subsection (a) may not be inferred from the mere fact that property is held in joint ownership. (Tex. Prob. Code, Sec. 46(a) (part).)

Sec. 111.002. AGREEMENTS CONCERNING COMMUNITY PROPERTY. (a) Section 111.001 does not apply to an agreement between spouses regarding the spouses' community property.

(b) An agreement between spouses regarding a right of survivorship in community property is governed by Chapter 112. (Tex. Prob. Code, Sec. 46(b).)

[Sections 111.003-111.050 reserved for expansion]

SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER

OF CERTAIN ASSETS ON DEATH

Sec. 111.051. DEFINITIONS. In this subchapter:

(1) "Employees' trust" means:

(A) a trust that forms a part of a stock-bonus, pension, or profit-sharing plan under Section 401, Internal Revenue Code of 1954 (26 U.S.C. Section 401 (1986));

(B) a pension trust under Chapter 111, Property Code; and

(C) an employer-sponsored benefit plan or program, or any other retirement savings arrangement, including a pension plan created under Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of whether the plan, program, or arrangement is funded through a trust.

(2) "Financial institution" has the meaning assigned by Section 113.001.

(3) "Individual retirement account" means a trust, custodial arrangement, or annuity under Section 408(a) or (b), Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).

(4) "Retirement account" means a retirement-annuity contract, an individual retirement account, a simplified employee pension, or any other retirement savings arrangement.

(5) "Retirement-annuity contract" means an annuity contract under Section 403, Internal Revenue Code of 1954 (26 U.S.C. Section 403 (1986)).

(6) "Simplified employee pension" means a trust, custodial arrangement, or annuity under Section 408, Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)). (Tex. Prob. Code, Secs. 450(a) (part), (c).)

Sec. 111.052. VALIDITY OF CERTAIN NONTESTAMENTARY INSTRUMENTS AND PROVISIONS. (a) This code does not invalidate:

(1) any provision in an insurance policy, employment contract, bond, mortgage, promissory note, deposit agreement, employees' trust, retirement account, deferred compensation arrangement, custodial agreement, pension plan, trust agreement, conveyance of property, security, account with a financial institution, mutual fund account, or any other written instrument effective as a contract, gift, conveyance, or trust, stating that:

(A) money or other benefits under the instrument due to or controlled or owned by a decedent shall be paid after the decedent's death, or property that is the subject of the instrument shall pass, to a person designated by the decedent in the instrument or in a separate writing, including a will, executed at the same time as the instrument or subsequently; or

(B) money due or to become due under the instrument shall cease to be payable if the promisee or promissor dies before payment or demand; or

(2) an instrument described by Subdivision (1).

(b) A provision described by Subsection (a)(1) is considered nontestamentary. (Tex. Prob. Code, Sec. 450(a) (part).)

Sec. 111.053. CREDITOR'S RIGHTS NOT LIMITED. Nothing in this subchapter limits the rights of a creditor under another law of this state. (Tex. Prob. Code, Sec. 450(b).) CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP SUBCHAPTER A. GENERAL PROVISIONS Sec. 112.001. DEFINITION OF COMMUNITY PROPERTY

SURVIVORSHIP AGREEMENT Sec. 112.002. APPLICABILITY OF OTHER LAW TO COMMUNITY

ACCOUNTS

[Sections 112.003-112.050 reserved for expansion]

SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS Sec. 112.051. AGREEMENT FOR RIGHT OF SURVIVORSHIP IN

COMMUNITY PROPERTY Sec. 112.052. FORM OF AGREEMENT Sec. 112.053. ADJUDICATION NOT REQUIRED Sec. 112.054. REVOCATION OF AGREEMENT

[Sections 112.055-112.100 reserved for expansion]

SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT SURVIVORSHIP AGREEMENT Sec. 112.101. APPLICATION AUTHORIZED Sec. 112.102. PROOF REQUIRED BY COURT Sec. 112.103. METHOD OF PROOF OF SIGNATURES Sec. 112.104. COURT ACTION; ISSUANCE OF ORDER Sec. 112.105. EFFECT OF ORDER Sec. 112.106. CUSTODY OF ADJUDICATED AGREEMENT

[Sections 112.107-112.150 reserved for expansion]

SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT TO AGREEMENT TO AGREEMENT Sec. 112.151. OWNERSHIP OF PROPERTY DURING MARRIAGE;

MANAGEMENT RIGHTS Sec. 112.152. NONTESTAMENTARY NATURE OF TRANSFERS

UNDER AGREEMENT

[Sections 112.153-112.200 reserved for expansion]

SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO RIGHT OF SURVIVORSHIP SUBJECT TO RIGHT OF SURVIVORSHIP Sec. 112.201. DEFINITION OF CERTIFIED COPY Sec. 112.202. ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT Sec. 112.203. PERSONAL REPRESENTATIVE WITHOUT ACTUAL

KNOWLEDGE OF AGREEMENT Sec. 112.204. THIRD-PARTY PURCHASER WITHOUT NOTICE OF

AGREEMENT Sec. 112.205. DEBTORS AND OTHER PERSONS WITHOUT NOTICE

OF AGREEMENT Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF

REVOCATION OF AGREEMENT Sec. 112.207. DEBTORS AND OTHER PERSONS WITHOUT NOTICE

OF REVOCATION OF AGREEMENT Sec. 112.208. RIGHTS OF SURVIVING SPOUSE AGAINST

CREDITORS

[Sections 112.209-112.250 reserved for expansion]

SUBCHAPTER F. RIGHTS OF CREDITORS Sec. 112.251. MULTIPLE-PARTY ACCOUNTS Sec. 112.252. LIABILITIES OF DECEASED SPOUSE NOT

AFFECTED BY RIGHT OF SURVIVORSHIP Sec. 112.253. RIGHTS OF DECEASED SPOUSE'S CREDITORS IN

RELATION TO THIRD PARTIES

CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 112.001. DEFINITION OF COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT. In this chapter, "community property survivorship agreement" means an agreement between spouses creating a right of survivorship in community property. (New.)

Sec. 112.002. APPLICABILITY OF OTHER LAW TO COMMUNITY PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS. Chapter 113 applies to multiple-party accounts held by spouses with a right of survivorship to the extent that chapter is not inconsistent with this chapter. (Tex. Prob. Code, Sec. 462.)

[Sections 112.003-112.050 reserved for expansion]

SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS

Sec. 112.051. AGREEMENT FOR RIGHT OF SURVIVORSHIP IN COMMUNITY PROPERTY. At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse. (Tex. Prob. Code, Sec. 451.)

Sec. 112.052. FORM OF AGREEMENT. (a) A community property survivorship agreement must be in writing and signed by both spouses.

(b) A written agreement signed by both spouses is sufficient to create a right of survivorship in the community property described in the agreement if the agreement includes any of the following phrases:

(1) "with right of survivorship";

(2) "will become the property of the survivor";

(3) "will vest in and belong to the surviving spouse"; or

(4) "shall pass to the surviving spouse."

(c) Notwithstanding Subsection (b), a community property survivorship agreement that otherwise meets the requirements of this chapter is effective without including any of the phrases listed in that subsection. (Tex. Prob. Code, Sec. 452.)

Sec. 112.053. ADJUDICATION NOT REQUIRED. A community property survivorship agreement that satisfies the requirements of this chapter is effective and enforceable without an adjudication. (Tex. Prob. Code, Secs. 456(a) (part), 458 (part).)

Sec. 112.054. REVOCATION OF AGREEMENT. (a) A community property survivorship agreement made in accordance with this chapter may be revoked as provided by the terms of the agreement.

(b) If a community property survivorship agreement does not provide a method of revocation, the agreement may be revoked by a written instrument:

(1) signed by both spouses; or

(2) signed by one spouse and delivered to the other spouse.

(c) A community property survivorship agreement may be revoked with respect to specific property subject to the agreement by the disposition of the property by one or both spouses if the disposition is not inconsistent with specific terms of the agreement and applicable law. (Tex. Prob. Code, Sec. 455.)

[Sections 112.055-112.100 reserved for expansion]

SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY

SURVIVORSHIP AGREEMENT

Sec. 112.101. APPLICATION AUTHORIZED. (a) Notwithstanding Section 112.053, after the death of a spouse, the surviving spouse or the surviving spouse's personal representative may apply to the court for an order stating that a community property survivorship agreement satisfies the requirements of this chapter and is effective to create a right of survivorship in community property.

(b) An application under this section must include:

(1) the surviving spouse's name and domicile;

(2) the deceased spouse's name and former domicile;

(3) the fact, time, and place of the deceased spouse's death;

(4) facts establishing venue in the court; and

(5) the deceased spouse's social security number, if known.

(c) An application under this section must be filed in the county of proper venue for administration of the deceased spouse's estate.

(d) The original community property survivorship agreement shall be filed with an application under this section. (Tex. Prob. Code, Secs. 456(a) (part), (d).)

Sec. 112.102. PROOF REQUIRED BY COURT. An applicant for an order under Section 112.101 must prove to the court's satisfaction that:

(1) the spouse whose community property interest is at issue is deceased;

(2) the court has jurisdiction and venue;

(3) the agreement was executed with the formalities required by law;

(4) the agreement was not revoked; and

(5) citation has been served and returned in the manner and for the length of time required by this title. (Tex. Prob. Code, Sec. 456(b).)

Sec. 112.103. METHOD OF PROOF OF SIGNATURES. (a) The deceased spouse's signature to an agreement that is the subject of an application under Section 112.101 may be proved by:

(1) the sworn testimony of one witness taken in open court;

(2) the affidavit of one witness; or

(3) the written or oral deposition of one witness taken in the same manner and under the same rules as depositions in other civil actions.

(b) If the surviving spouse is competent to make an oath, the surviving spouse's signature to the agreement may be proved by:

(1) the sworn testimony of the surviving spouse taken in open court;

(2) the surviving spouse's affidavit; or

(3) the written or oral deposition of the surviving spouse taken in the same manner and under the same rules as depositions in other civil actions.

(c) If the surviving spouse is not competent to make an oath, the surviving spouse's signature to the agreement may be proved in the manner provided by Subsection (a) for proof of the deceased spouse's signature. (Tex. Prob. Code, Sec. 456(c).)

Sec. 112.104. COURT ACTION; ISSUANCE OF ORDER. (a) On completion of a hearing on an application under Section 112.101, if the court is satisfied that the requisite proof has been made, the court shall enter an order adjudging the agreement valid.

(b) Certified copies of the agreement and order may be:

(1) recorded in other counties; and

(2) used in evidence, as the original agreement might be, on the trial of the same matter in any other court, on appeal or otherwise. (Tex. Prob. Code, Sec. 457.)

Sec. 112.105. EFFECT OF ORDER. (a) An order under this subchapter adjudging a community property survivorship agreement valid constitutes sufficient authority to a person who:

(1) owes money, has custody of any property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right that is subject to the terms of the agreement; or

(2) purchases from or otherwise deals with the surviving spouse for payment or transfer to the surviving spouse.

(b) The surviving spouse may enforce that spouse's right to a payment or transfer from a person described by Subsection (a)(2). (Tex. Prob. Code, Sec. 458 (part).)

Sec. 112.106. CUSTODY OF ADJUDICATED AGREEMENT. (a) An original community property survivorship agreement adjudicated under this subchapter, together with the order adjudging the agreement valid, shall be deposited in the office of the county clerk of the county in which the agreement was adjudicated and must remain at that office, except during a period when the agreement is moved to another location for inspection on order of the court in which the agreement was adjudicated.

(b) If the court orders an original community property survivorship agreement adjudicated under this subchapter to be moved to another location for inspection, the person moving the original agreement shall give a receipt for the agreement and the court clerk shall make and retain a copy of the original agreement. (Tex. Prob. Code, Sec. 459.)

[Sections 112.107-112.150 reserved for expansion]

SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT

TO AGREEMENT

Sec. 112.151. OWNERSHIP OF PROPERTY DURING MARRIAGE; MANAGEMENT RIGHTS. (a) Property subject to a community property survivorship agreement remains community property during the marriage of the spouses.

(b) Unless the agreement provides otherwise, a community property survivorship agreement does not affect the rights of the spouses concerning the management, control, and disposition of property subject to the agreement. (Tex. Prob. Code, Sec. 453.)

Sec. 112.152. NONTESTAMENTARY NATURE OF TRANSFERS UNDER AGREEMENT. (a) Transfers at death resulting from community property survivorship agreements made in accordance with this chapter are effective by reason of the agreements involved and are not testamentary transfers.

(b) Except as expressly provided otherwise by this title, transfers described by Subsection (a) are not subject to the provisions of this title applicable to testamentary transfers. (Tex. Prob. Code, Sec. 454.)

[Sections 112.153-112.200 reserved for expansion]

SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY

SUBJECT TO RIGHT OF SURVIVORSHIP

Sec. 112.201. DEFINITION OF CERTIFIED COPY. In this subchapter, a "certified copy" means a copy of an official record or document that is:

(1) authorized by law to be recorded or filed and actually recorded or filed in a public office; and

(2) certified as correct in accordance with Rule 902, Texas Rules of Evidence. (Tex. Prob. Code, Sec. 460(f) (part).)

Sec. 112.202. ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT. (a) In this subchapter, a person or entity has "actual knowledge" of a community property survivorship agreement or the revocation of a community property survivorship agreement only if the person or entity has received:

(1) written notice of the agreement or revocation; or

(2) the original or a certified copy of the agreement or revoking instrument.

(b) In this subchapter, a person or entity has "notice" of a community property survivorship agreement or the revocation of a community property survivorship agreement if:

(1) the person or entity has actual knowledge of the agreement or revocation; or

(2) with respect to real property, the agreement or revoking instrument is properly recorded in the county in which the real property is located. (Tex. Prob. Code, Sec. 460(f) (part).)

Sec. 112.203. PERSONAL REPRESENTATIVE WITHOUT ACTUAL KNOWLEDGE OF AGREEMENT. If the personal representative of a deceased spouse's estate has no actual knowledge of the existence of an agreement creating a right of survivorship in community property in the surviving spouse, the personal representative is not liable to the surviving spouse or any person claiming from the surviving spouse for selling, exchanging, distributing, or otherwise disposing of the property. (Tex. Prob. Code, Sec. 460(a).)

Sec. 112.204. THIRD-PARTY PURCHASER WITHOUT NOTICE OF AGREEMENT. (a) This section applies only to a person or entity who for value purchases property:

(1) from a person claiming from a deceased spouse more than six months after the date of the deceased spouse's death or from the personal representative of the deceased spouse's estate; and

(2) without notice of the existence of an agreement creating a right of survivorship in the property in the surviving spouse.

(b) A purchaser of property from a person claiming from the deceased spouse has good title to the interest in the property that the person would have had in the absence of the agreement described by Subsection (a)(2), as against the claims of the surviving spouse or any person claiming from the surviving spouse.

(c) A purchaser of property from the personal representative of the deceased spouse's estate has good title to the interest in the property that the personal representative would have had authority to convey in the absence of the agreement described by Subsection (a)(2), as against the claims of the surviving spouse or any person claiming from the surviving spouse. (Tex. Prob. Code, Sec. 460(b).)

Sec. 112.205. DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF AGREEMENT. (a) This section applies only to a person or entity who:

(1) owes money to a deceased spouse; or

(2) has custody of property or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right owned by a deceased spouse before that spouse's death.

(b) A person or entity with no actual knowledge of the existence of an agreement creating a right of survivorship in property described by Subsection (a) in the surviving spouse may pay or transfer that property to the personal representative of the deceased spouse's estate or, if no administration of the deceased spouse's estate is pending, to the heirs or devisees of the estate and shall be discharged from all claims for those amounts or property paid or transferred. (Tex. Prob. Code, Sec. 460(d).)

Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF REVOCATION OF AGREEMENT. (a) This section applies only to a person or entity who for value purchases property from a surviving spouse more than six months after the date of the deceased spouse's death and:

(1) with respect to personal property:

(A) the purchaser has received an original or certified copy of an agreement purporting to create a right of survivorship in the personal property in the surviving spouse, purportedly signed by both spouses; and

(B) the purchaser has no notice of the revocation of the agreement; or

(2) with respect to real property:

(A) the purchaser has received an original or certified copy of an agreement purporting to create a right of survivorship in the real property in the surviving spouse, purportedly signed by both spouses or such an agreement is properly recorded in a county in which any part of the real property is located; and

(B) the purchaser has no notice of the revocation of the agreement.

(b) A purchaser has good title to the interest in the property that the surviving spouse would have had in the absence of the revocation of the agreement, as against the claims of the personal representative of the deceased spouse's estate or any person claiming from the representative or the deceased spouse. (Tex. Prob. Code, Sec. 460(c).)

Sec. 112.207. DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF REVOCATION OF AGREEMENT. (a) This section applies only to a person or entity who:

(1) owes money to a deceased spouse; or

(2) has custody of property or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right owned by a deceased spouse before that spouse's death.

(b) If a person or entity is presented with the original or a certified copy of an agreement creating a right of survivorship in property described by Subsection (a) in the surviving spouse, purportedly signed by both spouses, and if the person or entity has no actual knowledge that the agreement was revoked, the person or entity may pay or transfer that property to the surviving spouse and shall be discharged from all claims for those amounts or property paid or transferred. (Tex. Prob. Code, Sec. 460(e).)

Sec. 112.208. RIGHTS OF SURVIVING SPOUSE AGAINST CREDITORS. Except as expressly provided by this subchapter, this subchapter does not affect the rights of a surviving spouse or person claiming from the surviving spouse in disputes with persons claiming from a deceased spouse or the successors of any of them concerning a beneficial interest in property or the proceeds from a beneficial interest in property, subject to a right of survivorship under an agreement that satisfies the requirements of this chapter. (Tex. Prob. Code, Sec. 460(g).)

[Sections 112.209-112.250 reserved for expansion]

SUBCHAPTER F. RIGHTS OF CREDITORS

Sec. 112.251. MULTIPLE-PARTY ACCOUNTS. Chapter 113 governs the rights of creditors with respect to multiple-party accounts, as defined by Section 113.004. (Tex. Prob. Code, Sec. 461 (part).)

Sec. 112.252. LIABILITIES OF DECEASED SPOUSE NOT AFFECTED BY RIGHT OF SURVIVORSHIP. (a) Except as expressly provided by Section 112.251, the community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse on that spouse's death without regard to a right of survivorship in the surviving spouse under an agreement made in accordance with this chapter.

(b) The surviving spouse is liable to account to the deceased spouse's personal representative for property received by the surviving spouse under a right of survivorship to the extent necessary to discharge the deceased spouse's liabilities.

(c) A proceeding to assert a liability under Subsection (b):

(1) may be commenced only if the deceased spouse's personal representative has received a written demand by a creditor; and

(2) must be commenced on or before the second anniversary of the deceased spouse's death.

(d) Property recovered by the deceased spouse's personal representative under this section shall be administered as part of the deceased spouse's estate. (Tex. Prob. Code, Sec. 461 (part).)

Sec. 112.253. RIGHTS OF DECEASED SPOUSE'S CREDITORS IN RELATION TO THIRD PARTIES. This subchapter does not affect the protection afforded to a person or entity under Subchapter E unless, before payment or transfer to the surviving spouse, the person or entity received a written notice from the deceased spouse's personal representative stating the amount needed to discharge the deceased spouse's liabilities. (Tex. Prob. Code, Sec. 461 (part).) CHAPTER 113. MULTIPLE-PARTY ACCOUNTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 113.001. GENERAL DEFINITIONS Sec. 113.002. DEFINITION OF PARTY Sec. 113.003. DEFINITION OF NET CONTRIBUTION Sec. 113.004. TYPES OF ACCOUNTS Sec. 113.005. AUTHORITY OF FINANCIAL INSTITUTIONS TO

ENTER INTO CERTAIN ACCOUNTS

[Sections 113.006-113.050 reserved for expansion]

SUBCHAPTER B. UNIFORM ACCOUNT FORM Sec. 113.051. ESTABLISHMENT OF TYPE OF ACCOUNT;

APPLICABILITY OF CERTAIN LAW Sec. 113.052. FORM Sec. 113.053. USE OF FORM; DISCLOSURE

[Sections 113.054-113.100 reserved for expansion]

SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS Sec. 113.101. EFFECT OF CERTAIN PROVISIONS REGARDING

OWNERSHIP BETWEEN PARTIES AND OTHERS Sec. 113.102. OWNERSHIP OF JOINT ACCOUNT DURING

PARTIES' LIFETIMES Sec. 113.103. OWNERSHIP OF P.O.D. ACCOUNT DURING

ORIGINAL PAYEE'S LIFETIME Sec. 113.104. OWNERSHIP OF TRUST ACCOUNT DURING

TRUSTEE'S LIFETIME Sec. 113.105. OWNERSHIP OF CONVENIENCE ACCOUNT;

ADDITIONS AND ACCRUALS

[Sections 113.106-113.150 reserved for expansion]

SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS Sec. 113.151. ESTABLISHMENT OF RIGHT OF SURVIVORSHIP

OF PARTY Sec. 113.152. OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF

PARTY Sec. 113.153. OWNERSHIP OF TRUST ACCOUNT ON DEATH OF

TRUSTEE Sec. 113.154. OWNERSHIP OF CONVENIENCE ACCOUNT ON

DEATH OF PARTY Sec. 113.155. EFFECT OF DEATH OF PARTY ON CERTAIN

SURVIVORSHIP Sec. 113.156. APPLICABILITY OF CERTAIN PROVISIONS ON

DEATH OF PARTY Sec. 113.157. WRITTEN NOTICE TO FINANCIAL INSTITUTIONS

REGARDING FORM OF ACCOUNT Sec. 113.158. NONTESTAMENTARY NATURE OF CERTAIN

TRANSFERS

[Sections 113.159-113.200 reserved for expansion]

SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS Sec. 113.201. APPLICABILITY OF SUBCHAPTER Sec. 113.202. PAYMENT OF MULTIPLE-PARTY ACCOUNT Sec. 113.203. PAYMENT OF JOINT ACCOUNT Sec. 113.204. PAYMENT OF P.O.D. ACCOUNT Sec. 113.205. PAYMENT OF TRUST ACCOUNT Sec. 113.206. PAYMENT OF CONVENIENCE ACCOUNT Sec. 113.207. LIABILITY FOR PAYMENT FROM JOINT ACCOUNT

AFTER DEATH Sec. 113.208. LIABILITY FOR PAYMENT FROM CONVENIENCE

ACCOUNT Sec. 113.209. DISCHARGE FROM CLAIMS Sec. 113.210. SET-OFF TO FINANCIAL INSTITUTION

[Sections 113.211-113.250 reserved for expansion]

SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT Sec. 113.251. PLEDGE OF ACCOUNT Sec. 113.252. RIGHTS OF CREDITORS Sec. 113.253. NO EFFECT ON CERTAIN RIGHTS AND

LIABILITIES OF FINANCIAL INSTITUTIONS

CHAPTER 113. MULTIPLE-PARTY ACCOUNTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 113.001. GENERAL DEFINITIONS. In this chapter:

(1) "Account" means a contract of deposit of funds between a depositor and a financial institution. The term includes a checking account, savings account, certificate of deposit, share account, or other similar arrangement.

(2) "Beneficiary" means a person named in a trust account for whom a party to the account is named as trustee.

(3) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions. The term includes a bank or trust company, savings bank, building and loan association, savings and loan company or association, credit union, and brokerage firm that deals in the sale and purchase of stocks, bonds, and other types of securities.

(4) "Payment" of sums on deposit includes a withdrawal, a payment on a check or other directive of a party, and a pledge of sums on deposit by a party and any set-off, or reduction or other disposition of all or part of an account under a pledge.

(5) "P.O.D. payee" means a person designated on a P.O.D. account as a person to whom the account is payable on request after the death of one or more persons.

(6) "Proof of death" includes:

(A) a certified copy of a death certificate; or

(B) a judgment or order of a court in a proceeding in which the death of a person is proved to the satisfaction of the court by circumstantial evidence in accordance with Chapter 454.

(7) "Request" means a proper request for withdrawal, or a check or order for payment, that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution. If a financial institution conditions withdrawal or payment on advance notice, for purposes of this chapter a request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

(8) "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and any deposit life insurance proceeds added to the account by reason of the death of a party.

(9) "Withdrawal" includes payment to a third person in accordance with a check or other directive of a party. (Tex. Prob. Code, Secs. 436(1), (2), (3), (8), (9), (11), (12), (13), (15).)

Sec. 113.002. DEFINITION OF PARTY. (a) In this chapter, "party" means a person who, by the terms of a multiple-party account, has a present right, subject to request, to payment from the account. Except as otherwise required by the context, the term includes a guardian, personal representative, or assignee, including an attaching creditor, of a party. The term also includes a person identified as a trustee of an account for another regardless of whether a beneficiary is named. The term does not include a named beneficiary unless the beneficiary has a present right of withdrawal.

(b) A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to the P.O.D. payee or beneficiary by reason of the P.O.D. payee or beneficiary surviving the original payee or trustee. (Tex. Prob. Code, Sec. 436(7).)

Sec. 113.003. DEFINITION OF NET CONTRIBUTION. (a) In this chapter, "net contribution" of a party to a joint account at any given time is the sum of all deposits made to that account by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance of the account. The term also includes any deposit life insurance proceeds added to the account by reason of the death of the party whose net contribution is in question.

(b) A financial institution may not be required to inquire, for purposes of establishing net contributions, about:

(1) the source of funds received for deposit to a multiple-party account; or

(2) the proposed application of an amount withdrawn from a multiple-party account. (Tex. Prob. Code, Secs. 436(6), 444 (part).)

Sec. 113.004. TYPES OF ACCOUNTS. In this chapter:

(1) "Convenience account" means an account that:

(A) is established at a financial institution by one or more parties in the names of the parties and one or more convenience signers; and

(B) has terms that provide that the sums on deposit are paid or delivered to the parties or to the convenience signers "for the convenience" of the parties.

(2) "Joint account" means an account payable on request to one or more of two or more parties, regardless of whether there is a right of survivorship.

(3) "Multiple-party account" means a joint account, a convenience account, a P.O.D. account, or a trust account. The term does not include an account established for the deposit of funds of a partnership, joint venture, or other association for business purposes, or an account controlled by one or more persons as the authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account in which the relationship is established other than by deposit agreement.

(4) "P.O.D. account" means an account payable on request to:

(A) one person during the person's lifetime and, on the person's death, to one or more P.O.D. payees; or

(B) one or more persons during their lifetimes and, on the death of all of those persons, to one or more P.O.D. payees.

(5) "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries in which the relationship is established by the form of the account and the deposit agreement with the financial institution and in which there is no subject of the trust other than the sums on deposit in the account. The deposit agreement is not required to address payment to the beneficiary. The term does not include:

(A) a regular trust account under a testamentary trust or a trust agreement that has significance apart from the account; or

(B) a fiduciary account arising from a fiduciary relationship, such as the attorney-client relationship. (Tex. Prob. Code, Secs. 436(4), (5), (10), (14), 438A(a).)

Sec. 113.005. AUTHORITY OF FINANCIAL INSTITUTIONS TO ENTER INTO CERTAIN ACCOUNTS. A financial institution may enter into a multiple-party account to the same extent that the institution may enter into a single-party account. (Tex. Prob. Code, Sec. 444 (part).)

[Sections 113.006-113.050 reserved for expansion]

SUBCHAPTER B. UNIFORM ACCOUNT FORM

Sec. 113.051. ESTABLISHMENT OF TYPE OF ACCOUNT; APPLICABILITY OF CERTAIN LAW. (a) A contract of deposit that contains provisions substantially the same as in the form provided by Section 113.052 establishes the type of account selected by a party. This chapter governs an account selected under the form, other than a single-party account without a P.O.D. designation.

(b) A contract of deposit that does not contain provisions substantially the same as in the form provided by Section 113.052 is governed by the provisions of this chapter applicable to the type of account that most nearly conforms to the depositor's intent. (Tex. Prob. Code, Sec. 439A(a).)

Sec. 113.052. FORM. A financial institution may use the following form to establish the type of account selected by a party:

UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION FORM NOTICE: The type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts.

Select one of the following accounts by placing your initials next to the account selected:

___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party's estate under the party's will or by intestacy.

Enter the name of the party: ________________________________________________________________

___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the party's estate.

Enter the name of the party: ________________________________________________________________

Enter the name or names of the P.O.D. beneficiaries: ________________________________________________________________ ________________________________________________________________

___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes as a part of the party's estate under the party's will or by intestacy.

Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes to the surviving parties.

Enter the names of the parties: ________________________________________________________________ ________________________________________________________________

___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of the last surviving party, the ownership of the account passes to the P.O.D. beneficiaries.

Enter the names of the parties: ________________________________________________________________ ________________________________________________________________

Enter the name or names of the P.O.D. beneficiaries: ________________________________________________________________ ________________________________________________________________

___ (6) CONVENIENCE ACCOUNT. The parties to the account own the account. One or more convenience signers to the account may make account transactions for a party. A convenience signer does not own the account. On the death of the last surviving party, ownership of the account passes as a part of the last surviving party's estate under the last surviving party's will or by intestacy. The financial institution may pay funds in the account to a convenience signer before the financial institution receives notice of the death of the last surviving party. The payment to a convenience signer does not affect the parties' ownership of the account.

Enter the names of the parties: ________________________________________________________________ ________________________________________________________________

Enter the names of the convenience signers: ________________________________________________________________ ________________________________________________________________

___ (7) TRUST ACCOUNT. The parties named as trustees to the account own the account in proportion to the parties' net contributions to the account. A trustee may withdraw funds from the account. A beneficiary may not withdraw funds from the account before all trustees are deceased. On the death of the last surviving trustee, the ownership of the account passes to the beneficiary. The trust account is not a part of a trustee's estate and does not pass under the trustee's will or by intestacy, unless the trustee survives all of the beneficiaries and all other trustees.

Enter the name or names of the trustees: ________________________________________________________________ ________________________________________________________________

Enter the name or names of the beneficiaries: ________________________________________________________________ ________________________________________________________________ (Tex. Prob. Code, Sec. 439A(b).)

Sec. 113.053. USE OF FORM; DISCLOSURE. (a) A financial institution is considered to have adequately disclosed the information provided in this subchapter if the financial institution uses the form provided by Section 113.052.

(b) If a financial institution varies the format of the form provided by Section 113.052, the financial institution may make disclosures in the account agreement or in any other form that adequately discloses the information provided by this subchapter.

(c) If the customer receives adequate disclosure of the ownership rights to an account and the names of the parties are appropriately indicated, a financial institution may combine any of the provisions in, and vary the format of, the form and notices described in Section 113.052 in:

(1) a universal account form with options listed for selection and additional disclosures provided in the account agreement; or

(2) any other manner that adequately discloses the information provided by this subchapter. (Tex. Prob. Code, Secs. 439A(c), (d).)

[Sections 113.054-113.100 reserved for expansion]

SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS

Sec. 113.101. EFFECT OF CERTAIN PROVISIONS REGARDING OWNERSHIP BETWEEN PARTIES AND OTHERS. The provisions of this subchapter and Subchapters B and D that relate to beneficial ownership between parties, or between parties and P.O.D. payees or beneficiaries of multiple-party accounts:

(1) are relevant only to controversies between those persons and those persons' creditors and other successors; and

(2) do not affect the withdrawal power of those persons under the terms of an account contract. (Tex. Prob. Code, Sec. 437.)

Sec. 113.102. OWNERSHIP OF JOINT ACCOUNT DURING PARTIES' LIFETIMES. During the lifetime of all parties to a joint account, the account belongs to the parties in proportion to the net contributions by each party to the sums on deposit unless there is clear and convincing evidence of a different intent. (Tex. Prob. Code, Sec. 438(a).)

Sec. 113.103. OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL PAYEE'S LIFETIME. (a) During the lifetime of an original payee of a P.O.D. account, the account belongs to the original payee and does not belong to the P.O.D. payee or payees.

(b) If two or more parties are named as original payees of a P.O.D. account, during the parties' lifetimes rights between the parties are governed by Section 113.102. (Tex. Prob. Code, Sec. 438(b).)

Sec. 113.104. OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S LIFETIME. (a) A trust account belongs beneficially to the trustee during the trustee's lifetime unless:

(1) the terms of the account or the deposit agreement manifest a contrary intent; or

(2) other clear and convincing evidence of an irrevocable trust exists.

(b) If two or more parties are named as trustees on a trust account, during the parties' lifetimes beneficial rights between the parties are governed by Section 113.102.

(c) An account that is an irrevocable trust belongs beneficially to the beneficiary. (Tex. Prob. Code, Sec. 438(c).)

Sec. 113.105. OWNERSHIP OF CONVENIENCE ACCOUNT; ADDITIONS AND ACCRUALS. (a) The making of a deposit in a convenience account does not affect the title to the deposit.

(b) A party to a convenience account is not considered to have made a gift of the deposit, or of any additions or accruals to the deposit, to a convenience signer.

(c) An addition made to a convenience account by anyone other than a party, and accruals to the addition, are considered to have been made by a party. (Tex. Prob. Code, Secs. 438A(b), (c), (e).)

[Sections 113.106-113.150 reserved for expansion]

SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS

Sec. 113.151. ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY. (a) Sums remaining on deposit on the death of a party to a joint account belong to the surviving party or parties against the estate of the deceased party if the interest of the deceased party is made to survive to the surviving party or parties by a written agreement signed by the party who dies.

(b) Notwithstanding any other law, an agreement is sufficient under this section to confer an absolute right of survivorship on parties to a joint account if the agreement contains a statement substantially similar to the following: "On the death of one party to a joint account, all sums in the account on the date of the death vest in and belong to the surviving party as his or her separate property and estate."

(c) A survivorship agreement may not be inferred from the mere fact that the account is a joint account.

(d) If there are two or more surviving parties to a joint account that is subject to a right of survivorship agreement:

(1) during the parties' lifetimes respective ownerships are in proportion to the parties' previous ownership interests under Sections 113.102, 113.103, and 113.104, as applicable, augmented by an equal share for each survivor of any interest a deceased party owned in the account immediately before that party's death; and

(2) the right of survivorship continues between the surviving parties if a written agreement signed by a party who dies provides for that continuation. (Tex. Prob. Code, Sec. 439(a).)

Sec. 113.152. OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF PARTY. (a) If the account is a P.O.D. account and there is a written agreement signed by the original payee or payees, on the death of the original payee or on the death of the survivor of two or more original payees, any sums remaining on deposit belong to:

(1) the P.O.D. payee or payees if surviving; or

(2) the survivor of the P.O.D. payees if one or more P.O.D. payees die before the original payee.

(b) If two or more P.O.D. payees survive, no right of survivorship exists between the surviving P.O.D. payees unless the terms of the account or deposit agreement expressly provide for survivorship between those payees. (Tex. Prob. Code, Sec. 439(b).)

Sec. 113.153. OWNERSHIP OF TRUST ACCOUNT ON DEATH OF TRUSTEE. (a) If the account is a trust account and there is a written agreement signed by the trustee or trustees, on death of the trustee or the survivor of two or more trustees, any sums remaining on deposit belong to:

(1) the person or persons named as beneficiaries, if surviving; or

(2) the survivor of the persons named as beneficiaries if one or more beneficiaries die before the trustee.

(b) If two or more beneficiaries survive, no right of survivorship exists between the surviving beneficiaries unless the terms of the account or deposit agreement expressly provide for survivorship between those beneficiaries. (Tex. Prob. Code, Sec. 439(c).)

Sec. 113.154. OWNERSHIP OF CONVENIENCE ACCOUNT ON DEATH OF PARTY. On the death of the last surviving party to a convenience account:

(1) a convenience signer has no right of survivorship in the account; and

(2) ownership of the account remains in the estate of the last surviving party. (Tex. Prob. Code, Sec. 438A(d).)

Sec. 113.155. EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS WITHOUT RIGHTS OF SURVIVORSHIP. The death of a party to a multiple-party account to which Sections 113.151, 113.152, and 113.153 do not apply has no effect on the beneficial ownership of the account, other than to transfer the rights of the deceased party as part of the deceased party's estate. (Tex. Prob. Code, Sec. 439(d).)

Sec. 113.156. APPLICABILITY OF CERTAIN PROVISIONS ON DEATH OF PARTY. Sections 113.151, 113.152, 113.153, and 113.155 as to rights of survivorship are determined by the form of the account at the death of a party. (Tex. Prob. Code, Sec. 440 (part).)

Sec. 113.157. WRITTEN NOTICE TO FINANCIAL INSTITUTIONS REGARDING FORM OF ACCOUNT. Notwithstanding any other law, the form of an account may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by a party, received by the financial institution during the party's lifetime, and not countermanded by another written order of the same party during the party's lifetime. (Tex. Prob. Code, Sec. 440 (part).)

Sec. 113.158. NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS. Transfers resulting from the application of Sections 113.151, 113.152, 113.153, and 113.155 are effective by reason of the account contracts involved and this chapter and are not to be considered testamentary transfers or subject to the testamentary provisions of this title. (Tex. Prob. Code, Sec. 441.)

[Sections 113.159-113.200 reserved for expansion]

SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS

Sec. 113.201. APPLICABILITY OF SUBCHAPTER. This subchapter and Section 113.003(b) govern:

(1) the liability of financial institutions that make payments as provided by this subchapter; and

(2) the set-off rights of those institutions. (Tex. Prob. Code, Sec. 443.)

Sec. 113.202. PAYMENT OF MULTIPLE-PARTY ACCOUNT. A multiple-party account may be paid, on request, to any one or more of the parties. (Tex. Prob. Code, Sec. 444 (part).)

Sec. 113.203. PAYMENT OF JOINT ACCOUNT. (a) Subject to Subsection (b), amounts in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded.

(b) Payment may not be made to the personal representative or heir of a deceased party unless:

(1) proofs of death are presented to the financial institution showing that the deceased party was the last surviving party; or

(2) there is no right of survivorship under Sections 113.151, 113.152, 113.153, and 113.155. (Tex. Prob. Code, Sec. 445 (part).)

Sec. 113.204. PAYMENT OF P.O.D. ACCOUNT. (a) A P.O.D. account may be paid, on request, to any original payee of the account.

(b) Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee on the presentation to the financial institution of proof of death showing that the P.O.D. payee survived each person named as an original payee.

(c) Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that the deceased original payee was the survivor of each other person named on the account as an original payee or a P.O.D. payee. (Tex. Prob. Code, Sec. 446.)

Sec. 113.205. PAYMENT OF TRUST ACCOUNT. (a) A trust account may be paid, on request, to any trustee.

(b) Unless a financial institution has received written notice that a beneficiary has a vested interest not dependent on the beneficiary's surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of each other person named on the account as a trustee or beneficiary.

(c) Payment may be made, on request, to a beneficiary if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as trustees. (Tex. Prob. Code, Sec. 447.)

Sec. 113.206. PAYMENT OF CONVENIENCE ACCOUNT. Deposits to a convenience account and additions and accruals to the deposits may be paid to a party or a convenience signer. (Tex. Prob. Code, Sec. 438A(f) (part).)

Sec. 113.207. LIABILITY FOR PAYMENT FROM JOINT ACCOUNT AFTER DEATH. A financial institution that pays an amount from a joint account to a surviving party to that account in accordance with a written agreement under Section 113.151 is not liable to an heir, devisee, or beneficiary of the deceased party's estate. (Tex. Prob. Code, Sec. 445 (part).)

Sec. 113.208. LIABILITY FOR PAYMENT FROM CONVENIENCE ACCOUNT. (a) A financial institution is completely released from liability for a payment made from a convenience account before the financial institution receives notice in writing signed by a party not to make the payment in accordance with the terms of the account. After receipt of the notice from a party, the financial institution may require a party to approve any further payments from the account.

(b) A financial institution that makes a payment of the sums on deposit in a convenience account to a convenience signer after the death of the last surviving party, but before the financial institution receives written notice of the last surviving party's death, is completely released from liability for the payment.

(c) A financial institution that makes a payment of the sums on deposit in a convenience account to the personal representative of the deceased last surviving party's estate after the death of the last surviving party, but before a court order prohibiting payment is served on the financial institution, is, to the extent of the payment, released from liability to any person claiming a right to the funds. The personal representative's receipt of the funds is a complete release and discharge of the financial institution. (Tex. Prob. Code, Secs. 438A(f) (part), (g).)

Sec. 113.209. DISCHARGE FROM CLAIMS. (a) Payment made in accordance with Section 113.202, 113.203, 113.204, 113.205, or 113.207 discharges the financial institution from all claims for those amounts paid regardless of whether the payment is consistent with the beneficial ownership of the account between parties, P.O.D. payees, or beneficiaries, or their successors.

(b) The protection provided by Subsection (a) does not extend to payments made after a financial institution receives, from any party able to request present payment, written notice to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving the notice, the successor of a deceased party must concur in a demand for withdrawal for the financial institution to be protected under Subsection (a).

(c) No notice, other than the notice described by Subsection (b), or any other information shown to have been available to a financial institution affects the institution's right to the protection provided by Subsection (a).

(d) The protection provided by Subsection (a) does not affect the rights of parties in disputes between the parties or the parties' successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts. (Tex. Prob. Code, Sec. 448.)

Sec. 113.210. SET-OFF TO FINANCIAL INSTITUTION. (a) Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal.

(b) The amount of the account subject to set-off under this section is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal. (Tex. Prob. Code, Sec. 449.)

[Sections 113.211-113.250 reserved for expansion]

SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT

Sec. 113.251. PLEDGE OF ACCOUNT. (a) A party to a multiple-party account may pledge the account or otherwise create a security interest in the account without the joinder of, as applicable, a P.O.D. payee, a beneficiary, a convenience signer, or any other party to a joint account, regardless of whether a right of survivorship exists.

(b) A convenience signer may not pledge or otherwise create a security interest in an account.

(c) Not later than the 30th day after the date a security interest on a multiple-party account is perfected, a secured creditor that is a financial institution with accounts insured by the Federal Deposit Insurance Corporation shall provide written notice of the pledge of the account to any other party to the account who did not create the security interest. The notice must be sent by certified mail to each other party at the last address the party provided to the depository bank.

(d) The financial institution is not required to provide the notice described by Subsection (c) to a P.O.D. payee, beneficiary, or convenience signer. (Tex. Prob. Code, Sec. 442 (part).)

Sec. 113.252. RIGHTS OF CREDITORS. (a) A multiple-party account is not effective against:

(1) an estate of a deceased party to transfer to a survivor amounts needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and minor children, if other assets of the estate are insufficient; or

(2) the claim of a secured creditor who has a lien on the account.

(b) A party, P.O.D. payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party is liable to account to the deceased party's personal representative for amounts the deceased party owned beneficially immediately before the party's death to the extent necessary to discharge the claims and charges described by Subsection (a) that remain unpaid after application of the deceased party's estate. The party, P.O.D. payee, or beneficiary is not liable in an amount greater than the amount the party, P.O.D. payee, or beneficiary received from the multiple-party account.

(c) A proceeding to assert liability under Subsection (b):

(1) may only be commenced if the personal representative receives a written demand by a surviving spouse, a creditor, or one acting for a minor child of the deceased party; and

(2) must be commenced on or before the second anniversary of the death of the deceased party.

(d) Amounts recovered by the personal representative under this section must be administered as part of the decedent's estate. (Tex. Prob. Code, Sec. 442 (part).)

Sec. 113.253. NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES OF FINANCIAL INSTITUTIONS. This subchapter does not:

(1) affect the right of a financial institution to make payment on multiple-party accounts according to the terms of the account; or

(2) make the financial institution liable to the estate of a deceased party unless, before payment, the institution received written notice from the personal representative stating the amounts needed to pay debts, taxes, claims, and expenses of administration. (Tex. Prob. Code, Sec. 442 (part).)

[Chapters 114-120 reserved for expansion]

CHAPTER 121. SURVIVAL REQUIREMENTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 121.001. APPLICABILITY OF CHAPTER

[Sections 121.002-121.050 reserved for expansion]

SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES CERTAIN OTHER PURPOSES Sec. 121.051. APPLICABILITY OF SUBCHAPTER Sec. 121.052. REQUIRED PERIOD OF SURVIVAL FOR

PURPOSES Sec. 121.053. INTESTATE SUCCESSION: FAILURE TO

CIRCUMSTANCES

[Sections 121.054-121.100 reserved for expansion]

SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES Sec. 121.101. REQUIRED PERIOD OF SURVIVAL FOR DEVISEE Sec. 121.102. REQUIRED PERIOD OF SURVIVAL FOR

CONTINGENT BENEFICIARY

[Sections 121.103-121.150 reserved for expansion]

SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE TO SURVIVE FOR REQUIRED PERIOD TO SURVIVE FOR REQUIRED PERIOD Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY Sec. 121.152. DISTRIBUTION OF PROPERTY OWNED BY JOINT

OWNERS Sec. 121.153. DISTRIBUTION OF CERTAIN INSURANCE

PROCEEDS

CHAPTER 121. SURVIVAL REQUIREMENTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 121.001. APPLICABILITY OF CHAPTER. This chapter does not apply if provision has been made by will, living trust, deed, or insurance contract, or in any other manner, for a disposition of property that is different from the disposition of the property that would be made if the provisions of this chapter applied. (Tex. Prob. Code, Sec. 47(f).)

[Sections 121.002-121.050 reserved for expansion]

SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND

CERTAIN OTHER PURPOSES

Sec. 121.051. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply if the application of this subchapter would result in the escheat of an intestate estate. (Tex. Prob. Code, Sec. 47(a) (part).)

Sec. 121.052. REQUIRED PERIOD OF SURVIVAL FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES. A person who does not survive a decedent by 120 hours is considered to have predeceased the decedent for purposes of the homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly, except as otherwise provided by this chapter. (Tex. Prob. Code, Sec. 47(a) (part).)

Sec. 121.053. INTESTATE SUCCESSION: FAILURE TO SURVIVE PRESUMED UNDER CERTAIN CIRCUMSTANCES. A person who, if the person survived a decedent by 120 hours, would be the decedent's heir is considered not to have survived the decedent for the required period if:

(1) the time of death of the decedent or of the person, or the times of death of both, cannot be determined; and

(2) the person's survival for the required period after the decedent's death cannot be established. (Tex. Prob. Code, Sec. 47(a) (part).)

[Sections 121.054-121.100 reserved for expansion]

SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES

Sec. 121.101. REQUIRED PERIOD OF SURVIVAL FOR DEVISEE. A devisee who does not survive the testator by 120 hours is treated as if the devisee predeceased the testator unless the testator's will contains some language that:

(1) deals explicitly with simultaneous death or deaths in a common disaster; or

(2) requires the devisee to survive the testator, or to survive the testator for a stated period, to take under the will. (Tex. Prob. Code, Sec. 47(c) (part).)

Sec. 121.102. REQUIRED PERIOD OF SURVIVAL FOR CONTINGENT BENEFICIARY. (a) If property is disposed of in a manner that conditions the right of a beneficiary to succeed to an interest in the property on the beneficiary surviving another person, the beneficiary is considered not to have survived the other person unless the beneficiary survives the person by 120 hours, except as provided by Subsection (b).

(b) If an interest in property is given alternatively to one of two or more beneficiaries, with the right of each beneficiary to take being dependent on that beneficiary surviving the other beneficiary or beneficiaries, and all of the beneficiaries die within a period of less than 120 hours, the property shall be divided into as many equal portions as there are beneficiaries. The portions shall be distributed respectively to those who would have taken if each beneficiary had survived. (Tex. Prob. Code, Sec. 47(c) (part).)

[Sections 121.103-121.150 reserved for expansion]

SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE

TO SURVIVE FOR REQUIRED PERIOD

Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY. (a) This section applies to community property, including the proceeds of life or accident insurance that are community property and become payable to the estate of either the husband or wife.

(b) If a husband and wife die leaving community property but neither survives the other by 120 hours, one-half of all community property shall be distributed as if the husband had survived, and the other one-half shall be distributed as if the wife had survived. (Tex. Prob. Code, Sec. 47(b).)

Sec. 121.152. DISTRIBUTION OF PROPERTY OWNED BY JOINT OWNERS. If property, including community property with a right of survivorship, is owned so that one of two joint owners is entitled to the whole of the property on the death of the other, but neither survives the other by 120 hours, one-half of the property shall be distributed as if one joint owner had survived, and the other one-half shall be distributed as if the other joint owner had survived. If there are more than two joint owners and all of the joint owners die within a period of less than 120 hours, the property shall be divided into as many equal portions as there are joint owners and the portions shall be distributed respectively to those who would have taken if each joint owner survived. (Tex. Prob. Code, Sec. 47(d).)

Sec. 121.153. DISTRIBUTION OF CERTAIN INSURANCE PROCEEDS. (a) If the insured under a life or accident insurance policy and a beneficiary of the proceeds of that policy die within a period of less than 120 hours, the insured is considered to have survived the beneficiary for the purpose of determining the rights under the policy of the beneficiary or beneficiaries as such.

(b) This section does not prevent the applicability of Section 121.151 to proceeds of life or accident insurance that are community property. (Tex. Prob. Code, Sec. 47(e).) CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER Sec. 122.001. DEFINITIONS Sec. 122.002. WHO MAY DISCLAIM Sec. 122.003. EFFECTIVE DATE; CREDITORS' CLAIMS Sec. 122.004. DISCLAIMER IRREVOCABLE Sec. 122.005. POWER TO PROVIDE METHOD OF DISCLAIMER

[Sections 122.006-122.050 reserved for expansion]

SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER Sec. 122.051. FORM Sec. 122.052. FILING IN PROBATE COURT Sec. 122.053. FILING IN COUNTY OF DECEDENT'S RESIDENCE Sec. 122.054. NONRESIDENT DECEDENT Sec. 122.055. FILING DEADLINE Sec. 122.056. NOTICE

[Sections 122.057-122.100 reserved for expansion]

SUBCHAPTER C. EFFECT OF DISCLAIMER Sec. 122.101. EFFECT Sec. 122.102. INEFFECTIVE DISCLAIMER Sec. 122.103. SUBSEQUENT DISCLAIMER Sec. 122.104. DISCLAIMER AFTER ACCEPTANCE Sec. 122.105. INTEREST IN TRUST PROPERTY Sec. 122.106. INTEREST IN SECURITIES

[Sections 122.107-122.150 reserved for expansion]

SUBCHAPTER D. PARTIAL DISCLAIMER Sec. 122.151. PARTIAL DISCLAIMER Sec. 122.152. EFFECT OF PARTIAL DISCLAIMER Sec. 122.153. PARTIAL DISCLAIMER BY SPOUSE

[Sections 122.154-122.200 reserved for expansion]

SUBCHAPTER E. ASSIGNMENT OF INTEREST Sec. 122.201. ASSIGNMENT Sec. 122.202. FILING OF ASSIGNMENT Sec. 122.203. NOTICE Sec. 122.204. FAILURE TO COMPLY Sec. 122.205. GIFT Sec. 122.206. SPENDTHRIFT PROVISION

CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS

SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER

Sec. 122.001. DEFINITIONS. In this chapter, other than Subchapter E:

(1) "Beneficiary" includes a person who would have been entitled, if the person had not made a disclaimer, to receive property as a result of the death of another person:

(A) by inheritance;

(B) under a will;

(C) by an agreement between spouses for community property with a right of survivorship;

(D) by a joint tenancy with a right of survivorship;

(E) by a survivorship agreement, account, or interest in which the interest of the decedent passes to a surviving beneficiary;

(F) by an insurance, annuity, endowment, employment, deferred compensation, or other contract or arrangement; or

(G) under a pension, profit sharing, thrift, stock bonus, life insurance, survivor income, incentive, or other plan or program providing retirement, welfare, or fringe benefits with respect to an employee or a self-employed individual.

(2) "Disclaimer" includes renunciation.

(3) "Property" includes all legal and equitable interests, powers, and property, present or future, vested or contingent, and beneficial or burdensome, in whole or in part. (Tex. Prob. Code, Sec. 37A(e).)

Sec. 122.002. WHO MAY DISCLAIM. (a) A person who may be entitled to receive property as a beneficiary who on or after September 1, 1977, intends to irrevocably disclaim all or any part of the property shall evidence the disclaimer as provided by this chapter.

(b) Subject to Subsection (c), the legally authorized representative of a person who may be entitled to receive property as a beneficiary who on or after September 1, 1977, intends to irrevocably disclaim all or any part of the property on the beneficiary's behalf shall evidence the disclaimer as provided by this chapter.

(c) A disclaimer made by a legally authorized representative described by Subsection (d)(1), (2), or (3), other than an independent executor, must be made with prior court approval of the court that has or would have jurisdiction over the legally authorized representative. A disclaimer made by an independent executor on behalf of a decedent may be made without prior court approval.

(d) In this section, "legally authorized representative" means:

(1) a guardian if the person entitled to receive the property as a beneficiary is an incapacitated person;

(2) a guardian ad litem if the person entitled to receive the property as a beneficiary is an unborn or unascertained person;

(3) a personal representative, including an independent executor, if the person entitled to receive the property as a beneficiary is a decedent; or

(4) an attorney in fact or agent appointed under a durable power of attorney authorizing disclaimers if the person entitled to receive the property as a beneficiary executed the power of attorney as a principal. (Tex. Prob. Code, Sec. 37A(a).)

Sec. 122.003. EFFECTIVE DATE; CREDITORS' CLAIMS. (a) A disclaimer evidenced as provided by this chapter is effective for all purposes as of the date of the decedent's death.

(b) Property disclaimed in accordance with this chapter is not subject to the claims of a creditor of the disclaimant. (Tex. Prob. Code, Sec. 37A(b).)

Sec. 122.004. DISCLAIMER IRREVOCABLE. A disclaimer that is filed and served as provided by this chapter is irrevocable. (Tex. Prob. Code, Sec. 37A(k).)

Sec. 122.005. POWER TO PROVIDE METHOD OF DISCLAIMER. A will, insurance policy, employee benefit agreement, or other instrument may provide for the making of a disclaimer by a beneficiary of an interest receivable under that instrument and for the disposition of disclaimed property in a manner different than provided by this chapter. (Tex. Prob. Code, Sec. 37A(j).)

[Sections 122.006-122.050 reserved for expansion]

SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER

Sec. 122.051. FORM. A disclaimer of property receivable by a beneficiary must be evidenced by written memorandum acknowledged before:

(1) a notary public; or

(2) another person authorized to take acknowledgments of conveyances of real estate. (Tex. Prob. Code, Sec. 37A(g).)

Sec. 122.052. FILING IN PROBATE COURT. Except as provided by Sections 122.053 and 122.054, the written memorandum of disclaimer must be filed in the probate court in which:

(1) the decedent's will has been probated;

(2) proceedings have commenced for the administration of the decedent's estate; or

(3) an application has been filed for probate of the decedent's will or administration of the decedent's estate. (Tex. Prob. Code, Sec. 37A(h) (part).)

Sec. 122.053. FILING IN COUNTY OF DECEDENT'S RESIDENCE. The written memorandum of disclaimer must be filed with the county clerk of the county of the decedent's residence on the date of the decedent's death if:

(1) the administration of the decedent's estate is closed;

(2) one year has expired since the date letters testamentary were issued in an independent administration;

(3) a will of the decedent has not been probated or filed for probate;

(4) administration of the decedent's estate has not commenced; or

(5) an application for administration of the decedent's estate has not been filed. (Tex. Prob. Code, Sec. 37A(h) (part).)

Sec. 122.054. NONRESIDENT DECEDENT. If the decedent is not a resident of this state on the date of the decedent's death and the disclaimer is of real property that is located in this state, the written memorandum of disclaimer must be:

(1) filed with the county clerk of the county in which the real property is located; and

(2) recorded by the county clerk in the deed records of that county. (Tex. Prob. Code, Sec. 37A(h) (part).)

Sec. 122.055. FILING DEADLINE. (a) Except as provided by Subsection (c), a written memorandum of disclaimer of a present interest must be filed not later than nine months after the date of the decedent's death.

(b) Except as provided by Subsection (c), a written memorandum of disclaimer of a future interest may be filed not later than nine months after the date of the event determining that the taker of the property or interest is finally ascertained and the taker's interest is indefeasibly vested.

(c) If the beneficiary is a charitable organization or a governmental agency of the state, a written memorandum of disclaimer of a present or future interest must be filed not later than the later of:

(1) the first anniversary of the date the beneficiary receives the notice required by Subchapter A, Chapter 308; or

(2) the expiration of the six-month period following the date the personal representative files the inventory, appraisement, and list of claims due or owing to the estate. (Tex. Prob. Code, Sec. 37A(h) (part).)

Sec. 122.056. NOTICE. (a) Except as provided by Subsection (b), a copy of the written memorandum of disclaimer shall be delivered in person to, or mailed by registered or certified mail to and received by, the legal representative of the transferor of the interest or the holder of legal title to the property to which the disclaimer relates not later than nine months after:

(1) the date of the decedent's death; or

(2) if the interest is a future interest, the date the person who will receive the property or interest is finally ascertained and the person's interest is indefeasibly vested.

(b) If the beneficiary is a charitable organization or a governmental agency of this state, notice of a disclaimer required by Subsection (a) must be filed not later than the later of:

(1) the first anniversary of the date the beneficiary receives the notice required by Subchapter A, Chapter 308; or

(2) the expiration of the six-month period following the date the personal representative files the inventory, appraisement, and list of claims due or owing to the estate. (Tex. Prob. Code, Sec. 37A(i).)

[Sections 122.057-122.100 reserved for expansion]

SUBCHAPTER C. EFFECT OF DISCLAIMER

Sec. 122.101. EFFECT. Unless the decedent's will provides otherwise:

(1) property subject to a disclaimer passes as if the person disclaiming or on whose behalf a disclaimer is made had predeceased the decedent; and

(2) a future interest that would otherwise take effect in possession or enjoyment after the termination of the estate or interest that is disclaimed takes effect as if the disclaiming beneficiary had predeceased the decedent. (Tex. Prob. Code, Sec. 37A(c).)

Sec. 122.102. INEFFECTIVE DISCLAIMER. (a) Except as provided by Subsection (b), a disclaimer that does not comply with this chapter is ineffective.

(b) A disclaimer otherwise ineffective under Subsection (a) is effective as an assignment of the disclaimed property to those who would have received the property had the person attempting the disclaimer died before the decedent. (Tex. Prob. Code, Sec. 37A(d).)

Sec. 122.103. SUBSEQUENT DISCLAIMER. This chapter does not prevent a person who is entitled to property as the result of a disclaimer from subsequently disclaiming the property. (Tex. Prob. Code, Sec. 37A(f).)

Sec. 122.104. DISCLAIMER AFTER ACCEPTANCE. A disclaimer is not effective if the person making the disclaimer has previously accepted the property by taking possession or exercising dominion and control of the property as a beneficiary. (Tex. Prob. Code, Sec. 37A(n).)

Sec. 122.105. INTEREST IN TRUST PROPERTY. A beneficiary who accepts an interest in a trust is not considered to have a direct or indirect interest in trust property that relates to a licensed or permitted business and over which the beneficiary exercises no control. (Tex. Prob. Code, Sec. 37A(o) (part).)

Sec. 122.106. INTEREST IN SECURITIES. Direct or indirect beneficial ownership of not more than five percent of any class of equity securities that is registered under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) is not considered an ownership interest in the business of the issuer of the securities within the meaning of any statute, pursuant thereto. (Tex. Prob. Code, Sec. 37A(o) (part).)

[Sections 122.107-122.150 reserved for expansion]

SUBCHAPTER D. PARTIAL DISCLAIMER

Sec. 122.151. PARTIAL DISCLAIMER. A person who may be entitled to receive property as a beneficiary may wholly or partly disclaim the property, including:

(1) specific powers of invasion;

(2) powers of appointment; and

(3) fee estate in favor of life estates. (Tex. Prob. Code, Sec. 37A(l) (part).)

Sec. 122.152. EFFECT OF PARTIAL DISCLAIMER. A partial disclaimer in accordance with this chapter is effective whether the property disclaimed constitutes a portion of a single, aggregate gift or constitutes part or all of a separate, independent gift, except that:

(1) a partial disclaimer is effective only with respect to property expressly described or referred to by category in the disclaimer; and

(2) a partial disclaimer of property subject to a burdensome interest created by the decedent's will is not effective unless the property constitutes a gift separate and distinct from undisclaimed gifts. (Tex. Prob. Code, Sec. 37A(l) (part).)

Sec. 122.153. PARTIAL DISCLAIMER BY SPOUSE. A disclaimer by the decedent's surviving spouse of a transfer by the decedent is not a disclaimer by the surviving spouse of all or any part of any other transfer from the decedent to or for the benefit of the surviving spouse, regardless of whether the property or interest that would have passed under the disclaimed transfer passes because of the disclaimer to or for the benefit of the surviving spouse by the other transfer. (Tex. Prob. Code, Sec. 37A(m).)

[Sections 122.154-122.200 reserved for expansion]

SUBCHAPTER E. ASSIGNMENT OF INTEREST

Sec. 122.201. ASSIGNMENT. A person who is entitled to receive property or an interest in property from a decedent under a will, by inheritance, or as a beneficiary under a life insurance contract, and does not disclaim the property under this chapter may assign the property or interest in property to any person. (Tex. Prob. Code, Sec. 37B(a).)

Sec. 122.202. FILING OF ASSIGNMENT. An assignment may, at the request of the assignor, be filed as provided for the filing of a disclaimer under Subchapter B. (Tex. Prob. Code, Sec. 37B(b) (part).)

Sec. 122.203. NOTICE. Notice of the filing of an assignment as provided by Section 122.202 must be served as required by Section 122.056 for notice of a disclaimer. (Tex. Prob. Code, Sec. 37B(b) (part).)

Sec. 122.204. FAILURE TO COMPLY. Failure to comply with Subchapters A, B, C, and D does not affect an assignment. (Tex. Prob. Code, Sec. 37B(c).)

Sec. 122.205. GIFT. An assignment under this subchapter is a gift to the assignee and is not a disclaimer under Subchapters A, B, C, and D. (Tex. Prob. Code, Sec. 37B(d).)

Sec. 122.206. SPENDTHRIFT PROVISION. An assignment of property or interest that would defeat a spendthrift provision imposed in a trust may not be made under this subchapter. (Tex. Prob. Code, Sec. 37B(e).) CHAPTER 123. DISSOLUTION OF MARRIAGE SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION

OF MARRIAGE Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE

[Sections 123.003-123.050 reserved for expansion]

SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN NONTESTAMENTARY TRANSFERS NONTESTAMENTARY TRANSFERS Sec. 123.051. DEFINITIONS Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY

OR PLANS Sec. 123.053. EFFECT OF REVOCATION Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR

BENEFITS, OR PROPERTY Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN

PAYMENTS, BENEFITS, OR PROPERTY

[Sections 123.056-123.100 reserved for expansion]

SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH Sec. 123.101. PROCEEDING TO VOID MARRIAGE BASED ON

DEATH Sec. 123.102. APPLICATION TO VOID MARRIAGE AFTER DEATH Sec. 123.103. ACTION ON APPLICATION TO VOID MARRIAGE

AFTER DEATH Sec. 123.104. EFFECT OF VOIDED MARRIAGE

CHAPTER 123. DISSOLUTION OF MARRIAGE

SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL

Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE. (a) In this section, "relative" means an individual related to another individual by:

(1) consanguinity, as determined under Section 573.022, Government Code; or

(2) affinity, as determined under Section 573.024, Government Code.

(b) If, after the testator makes a will, the testator's marriage is dissolved by divorce, annulment, or a declaration that the marriage is void, all provisions in the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator failed to survive the testator, unless the will expressly provides otherwise. (Tex. Prob. Code, Secs. 69(a), (b).)

Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE. A person is not a surviving spouse of a decedent if the person's marriage to the decedent has been dissolved by divorce, annulment, or a declaration that the marriage is void, unless:

(1) as the result of a subsequent marriage, the person is married to the decedent at the time of death; and

(2) the subsequent marriage is not declared void under Subchapter C. (Tex. Prob. Code, Sec. 69(c).)

[Sections 123.003-123.050 reserved for expansion]

SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN

NONTESTAMENTARY TRANSFERS

Sec. 123.051. DEFINITIONS. In this subchapter:

(1) "Disposition or appointment of property" includes a transfer of property to or a provision of another benefit to a beneficiary under a trust instrument.

(2) "Divorced individual" means an individual whose marriage has been dissolved by divorce or annulment.

(3) "Revocable," with respect to a disposition, appointment, provision, or nomination, means a disposition to, appointment of, provision in favor of, or nomination of an individual's spouse that is contained in a trust instrument executed by the individual before the dissolution of the individual's marriage to the spouse and that the individual was solely empowered by law or by the trust instrument to revoke regardless of whether the individual had the capacity to exercise the power at that time. (Tex. Prob. Code, Sec. 471.)

Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN POLICIES OR PLANS. (a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual before the individual's marriage was dissolved and that:

(1) is a revocable disposition or appointment of property made to the individual's former spouse;

(2) confers a general or special power of appointment on the individual's former spouse; or

(3) nominates the individual's former spouse to serve:

(A) as a personal representative, trustee, conservator, agent, or guardian; or

(B) in another fiduciary or representative capacity.

(b) Subsection (a) does not apply if one of the following provides otherwise:

(1) a court order;

(2) the express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or

(3) an express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage.

(c) Sections 9.301 and 9.302, Family Code, govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans. (Tex. Prob. Code, Sec. 472(a); New.)

Sec. 123.053. EFFECT OF REVOCATION. (a) An interest granted in a provision of a trust instrument that is revoked under Section 123.052(a)(1) or (2) passes as if the former spouse of the divorced individual who executed the trust instrument disclaimed the interest granted in the provision.

(b) An interest granted in a provision of a trust instrument that is revoked under Section 123.052(a)(3) passes as if the former spouse died immediately before the dissolution of the marriage. (Tex. Prob. Code, Sec. 472(b).)

Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A bona fide purchaser of property from a divorced individual's former spouse or a person who receives from the former spouse a payment, benefit, or property in partial or full satisfaction of an enforceable obligation:

(1) is not required by this subchapter to return the payment, benefit, or property; and

(2) is not liable under this subchapter for the amount of the payment or the value of the property or benefit. (Tex. Prob. Code, Sec. 473(a).)

Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A divorced individual's former spouse who, not for value, receives a payment, benefit, or property to which the former spouse is not entitled as a result of Sections 123.052(a) and (b):

(1) shall return the payment, benefit, or property to the person who is entitled to the payment, benefit, or property under this subchapter; or

(2) is personally liable to the person described by Subdivision (1) for the amount of the payment or the value of the benefit or property received, as applicable. (Tex. Prob. Code, Sec. 473(b).)

[Sections 123.056-123.100 reserved for expansion]

SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH

Sec. 123.101. PROCEEDING TO VOID MARRIAGE BASED ON MENTAL CAPACITY PENDING AT TIME OF DEATH. (a) If a proceeding under Chapter 6, Family Code, to declare a marriage void based on the lack of mental capacity of one of the parties to the marriage is pending on the date of death of one of those parties, or if a guardianship proceeding in which a court is requested under Chapter 6, Family Code, to declare a ward's or proposed ward's marriage void based on the lack of mental capacity of the ward or proposed ward is pending on the date of the ward's or proposed ward's death, the court may make the determination and declare the marriage void after the decedent's death.

(b) In making a determination described by Subsection (a), the court shall apply the standards for an annulment prescribed by Section 6.108(a), Family Code. (Tex. Prob. Code, Sec. 47A(a).)

Sec. 123.102. APPLICATION TO VOID MARRIAGE AFTER DEATH. (a) Subject to Subsection (c), if a proceeding described by Section 123.101(a) is not pending on the date of a decedent's death, an interested person may file an application with the court requesting that the court void the marriage of the decedent if:

(1) on the date of the decedent's death, the decedent was married; and

(2) that marriage commenced not earlier than three years before the date of the decedent's death.

(b) The notice applicable to a proceeding for a declaratory judgment under Chapter 37, Civil Practice and Remedies Code, applies to a proceeding under Subsection (a).

(c) An application authorized by Subsection (a) may not be filed after the first anniversary of the date of the decedent's death. (Tex. Prob. Code, Secs. 47A(b), (c).)

Sec. 123.103. ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH. (a) Except as provided by Subsection (b), in a proceeding brought under Section 123.102, the court shall declare the decedent's marriage void if the court finds that, on the date the marriage occurred, the decedent did not have the mental capacity to:

(1) consent to the marriage; and

(2) understand the nature of the marriage ceremony, if a ceremony occurred.

(b) A court that makes a finding described by Subsection (a) may not declare the decedent's marriage void if the court finds that, after the date the marriage occurred, the decedent:

(1) gained the mental capacity to recognize the marriage relationship; and

(2) did recognize the marriage relationship. (Tex. Prob. Code, Secs. 47A(d), (e).)

Sec. 123.104. EFFECT OF VOIDED MARRIAGE. If the court declares a decedent's marriage void in a proceeding described by Section 123.101(a) or brought under Section 123.102, the other party to the marriage is not considered the decedent's surviving spouse for purposes of any law of this state. (Tex. Prob. Code, Sec. 47A(f).) CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY SUBCHAPTER A. APPORTIONMENT OF TAXES Sec. 124.001. DEFINITIONS Sec. 124.002. REFERENCES TO INTERNAL REVENUE CODE Sec. 124.003. APPORTIONMENT DIRECTED BY FEDERAL LAW Sec. 124.004. EFFECT OF DISCLAIMERS Sec. 124.005. GENERAL APPORTIONMENT OF ESTATE TAX;

EXCEPTIONS Sec. 124.006. EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR

CREDITS Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM

APPORTIONMENT Sec. 124.008. EXCLUSION OF CERTAIN TEMPORARY

INTERESTS FROM APPORTIONMENT Sec. 124.009. QUALIFIED REAL PROPERTY Sec. 124.010. EFFECT OF EXTENSION OR DEFICIENCY IN

REPRESENTATIVE Sec. 124.011. APPORTIONMENT OF INTEREST AND PENALTIES Sec. 124.012. APPORTIONMENT OF REPRESENTATIVE'S

EXPENSES Sec. 124.013. WITHHOLDING OF ESTATE TAX SHARE BY

REPRESENTATIVE Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT

WITHHELD Sec. 124.015. RECOVERY OF UNPAID ESTATE TAX;

REIMBURSEMENT Sec. 124.016. TIME TO INITIATE ACTIONS TO RECOVER

UNPAID ESTATE TAX Sec. 124.017. TAX OR DEATH DUTY PAYABLE TO ANOTHER

STATE Sec. 124.018. PAYMENT OF EXPENSES AND ATTORNEY'S FEES

[Sections 124.019-124.050 reserved for expansion]

SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS Sec. 124.051. VALUATION OF PROPERTY DISTRIBUTED IN

KIND IN SATISFACTION OF PECUNIARY GIFT Sec. 124.052. SATISFACTION OF MARITAL DEDUCTION

PECUNIARY GIFTS WITH ASSETS IN KIND

CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY

SUBCHAPTER A. APPORTIONMENT OF TAXES

Sec. 124.001. DEFINITIONS. In this subchapter:

(1) "Court" means:

(A) a court in which proceedings for administration of an estate are pending or have been completed; or

(B) if no proceedings are pending or have been completed, a court in which venue lies for the administration of an estate.

(2) "Estate" means the gross estate of a decedent as determined for the purpose of estate taxes.

(3) "Estate tax" means any estate, inheritance, or death tax levied or assessed on the property of a decedent's estate because of the death of a person and imposed by federal, state, local, or foreign law, including the federal estate tax and the inheritance tax imposed by Chapter 211, Tax Code, and including interest and penalties imposed in addition to those taxes. The term does not include a tax imposed under Section 2701(d)(1)(A), Internal Revenue Code of 1986 (26 U.S.C. Section 2701(d)).

(4) "Person" includes a trust, natural person, partnership, association, joint stock company, corporation, government, political subdivision, or governmental agency.

(5) "Person interested in the estate" means a person, or a fiduciary on behalf of that person, who is entitled to receive or who has received, from a decedent or because of the death of the decedent, property included in the decedent's estate for purposes of the estate tax. The term does not include a creditor of the decedent or of the decedent's estate.

(6) "Representative" means the representative, executor, or administrator of an estate, or any other person who is required to pay estate taxes assessed against the estate. (Tex. Prob. Code, Secs. 322A(a), (s).)

Sec. 124.002. REFERENCES TO INTERNAL REVENUE CODE. A reference in this subchapter to a section of the Internal Revenue Code of 1986 refers to that section as it exists at the time in question. The reference also includes a corresponding section of a subsequent Internal Revenue Code and, if the referenced section is renumbered, the section as renumbered. (Tex. Prob. Code, Sec. 322A(x).)

Sec. 124.003. APPORTIONMENT DIRECTED BY FEDERAL LAW. If federal law directs the apportionment of the federal estate tax, a similar state tax shall be apportioned in the same manner. (Tex. Prob. Code, Sec. 322A(l).)

Sec. 124.004. EFFECT OF DISCLAIMERS. This subchapter shall be applied after giving effect to any disclaimers made in accordance with Subchapters A, B, C, and D, Chapter 122. (Tex. Prob. Code, Sec. 322A(p).)

Sec. 124.005. GENERAL APPORTIONMENT OF ESTATE TAX; EXCEPTIONS. (a) A representative shall charge each person interested in the estate a portion of the total estate tax assessed against the estate. The portion charged to each person must represent the same ratio as the taxable value of that person's interest in the estate included in determining the amount of the tax bears to the total taxable value of all the interests of all persons interested in the estate included in determining the amount of the tax. In apportioning an estate tax under this subsection, the representative shall disregard a portion of the tax that is:

(1) apportioned under the law imposing the tax;

(2) otherwise apportioned by federal law; or

(3) apportioned as otherwise provided by this subchapter.

(b) Subsection (a) does not apply to the extent the decedent, in a written inter vivos or testamentary instrument disposing of or creating an interest in property, specifically directs the manner of apportionment of estate tax or grants a discretionary power of apportionment to another person. A direction for the apportionment or nonapportionment of estate tax is limited to the estate tax on the property passing under the instrument unless the instrument is a will that provides otherwise.

(c) If directions under Subsection (b) for the apportionment of an estate tax are provided in two or more instruments executed by the same person and the directions in those instruments conflict, the instrument disposing of or creating an interest in the property to be taxed controls. If directions for the apportionment of estate tax are provided in two or more instruments executed by different persons and the directions in those instruments conflict, the direction of the person in whose estate the property is included controls.

(d) Subsections (b) and (c) do not:

(1) grant or enlarge the power of a person to apportion estate tax to property passing under an instrument created by another person in excess of the estate tax attributable to the property; or

(2) apply to the extent federal law directs a different manner of apportionment. (Tex. Prob. Code, Sec. 322A(b).)

Sec. 124.006. EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR CREDITS. (a) A deduction, exemption, or credit allowed by law in connection with the estate tax inures to a person interested in the estate as provided by this section.

(b) If the deduction, exemption, or credit is allowed because of the relationship of the person interested in the estate to the decedent, or because of the purpose of the gift, the deduction, exemption, or credit inures to the person having the relationship or receiving the gift, unless that person's interest in the estate is subject to a prior present interest that is not allowable as a deduction. The estate tax apportionable to the person having the present interest shall be paid from the corpus of the gift or the interest of the person having the relationship.

(c) A deduction for property of the estate that was previously taxed and a credit for gift taxes or death taxes of a foreign country that were paid by the decedent or the decedent's estate inure proportionally to all persons interested in the estate who are liable for a share of the estate tax.

(d) A credit for inheritance, succession, or estate taxes, or for similar taxes applicable to property or interests includable in the estate, inures to the persons interested in the estate who are chargeable with payment of a portion of those taxes to the extent that the credit proportionately reduces those taxes. (Tex. Prob. Code, Secs. 322A(c), (d), (e), (f).)

Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM APPORTIONMENT. (a) To the extent that property passing to or in trust for a surviving spouse or a charitable, public, or similar gift or devise is not an allowable deduction for purposes of the estate tax solely because of an inheritance tax or other death tax imposed on and deductible from the property:

(1) the property is not included in the computation provided for by Section 124.005; and

(2) no apportionment is made against the property.

(b) The exclusion provided by this section does not apply if the result would be to deprive the estate of a deduction otherwise allowable under Section 2053(d), Internal Revenue Code of 1986, for a state death tax on a transfer for a public, charitable, or religious use. (Tex. Prob. Code, Sec. 322A(g).)

Sec. 124.008. EXCLUSION OF CERTAIN TEMPORARY INTERESTS FROM APPORTIONMENT. (a) Except as provided by Section 124.009(c), the following temporary interests are not subject to apportionment:

(1) an interest in income;

(2) an estate for years or for life; or

(3) another temporary interest in any property or fund.

(b) The estate tax apportionable to a temporary interest described by Subsection (a) and the remainder, if any, is chargeable against the corpus of the property or the funds that are subject to the temporary interest and remainder. (Tex. Prob. Code, Sec. 322A(h).)

Sec. 124.009. QUALIFIED REAL PROPERTY. (a) In this section, "qualified real property" has the meaning assigned by Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section 2032A).

(b) If an election is made under Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section 2032A), the representative shall apportion estate taxes according to the amount of federal estate tax that would be payable if the election were not made. The representative shall apply the amount of the reduction of the estate tax resulting from the election to reduce the amount of the estate tax allocated based on the value of the qualified real property that is the subject of the election. If the amount of that reduction is greater than the amount of the taxes allocated based on the value of the qualified real property, the representative shall:

(1) apply the excess amount to the portion of the taxes allocated for all other property; and

(2) apportion the amount described by Subdivision (1) under Section 124.005(a).

(c) If additional federal estate tax is imposed under Section 2032A(c), Internal Revenue Code of 1986 (26 U.S.C. Section 2032A), because of an early disposition or cessation of a qualified use, the additional tax shall be equitably apportioned among the persons who have an interest in the portion of the qualified real property to which the additional tax is attributable in proportion to their interests. The additional tax is a charge against that qualified real property. If the qualified real property is split between one or more life or term interests and remainder interests, the additional tax shall be apportioned to each person whose action or cessation of use caused the imposition of additional tax, unless all persons with an interest in the qualified real property agree in writing to dispose of the property, in which case the additional tax shall be apportioned among the remainder interests. (Tex. Prob. Code, Sec. 322A(i).)

Sec. 124.010. EFFECT OF EXTENSION OR DEFICIENCY IN PAYMENT OF ESTATE TAXES; LIABILITY OF REPRESENTATIVE. (a) If the date for the payment of any portion of an estate tax is extended:

(1) the amount of the extended tax shall be apportioned to the persons who receive the specific property that gives rise to the extension; and

(2) those persons are entitled to the benefits and shall bear the burdens of the extension.

(b) Except as provided by Subsection (c), interest on an extension of estate tax and interest and penalties on a deficiency shall be apportioned equitably to reflect the benefits and burdens of the extension or deficiency and of any tax deduction associated with the interest and penalties.

(c) A representative shall be charged with the amount of any penalty or interest that is assessed due to delay caused by the representative's negligence. (Tex. Prob. Code, Secs. 322A(k), (m).)

Sec. 124.011. APPORTIONMENT OF INTEREST AND PENALTIES. (a) Interest and penalties assessed against an estate by a taxing authority shall be apportioned among and charged to the persons interested in the estate in the manner provided by Section 124.005 unless, on application by any person interested in the estate, the court determines that:

(1) the proposed apportionment is not equitable; or

(2) the assessment of interest or penalties was caused by a breach of fiduciary duty of a representative.

(b) If the apportionment is not equitable, the court may apportion interest and penalties in an equitable manner.

(c) If the assessment of interest or penalties was caused by a breach of fiduciary duty of a representative, the court may charge the representative with the amount of the interest and penalties assessed attributable to the representative's conduct. (Tex. Prob. Code, Sec. 322A(q).)

Sec. 124.012. APPORTIONMENT OF REPRESENTATIVE'S EXPENSES. (a) Expenses reasonably incurred by a representative in determination of the amount, apportionment, or collection of the estate tax shall be apportioned among and charged to persons interested in the estate in the manner provided by Section 124.005 unless, on application by any person interested in the estate, the court determines that the proposed apportionment is not equitable.

(b) If the court determines that the proposed apportionment is not equitable, the court may apportion the expenses in an equitable manner. (Tex. Prob. Code, Sec. 322A(r).)

Sec. 124.013. WITHHOLDING OF ESTATE TAX SHARE BY REPRESENTATIVE. A representative who has possession of any estate property that is distributable to a person interested in the estate may withhold from that property an amount equal to the person's apportioned share of the estate tax. (Tex. Prob. Code, Sec. 322A(t).)

Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT WITHHELD. (a) If property includable in an estate does not come into possession of a representative obligated to pay the estate tax, the representative shall:

(1) recover from each person interested in the estate the amount of the estate tax apportioned to the person under this subchapter; or

(2) assign to persons affected by the tax obligation the representative's right of recovery.

(b) The obligation to recover a tax under Subsection (a) does not apply if:

(1) the duty is waived by the parties affected by the tax obligation or by the instrument under which the representative derives powers; or

(2) in the reasonable judgment of the representative, proceeding to recover the tax is not cost-effective. (Tex. Prob. Code, Sec. 322A(n).)

Sec. 124.015. RECOVERY OF UNPAID ESTATE TAX; REIMBURSEMENT. (a) A representative shall recover from any person interested in the estate the unpaid amount of the estate tax apportioned and charged to the person under this subchapter unless the representative determines in good faith that an attempt to recover the amount would be economically impractical.

(b) A representative who cannot collect from a person interested in the estate an unpaid amount of estate tax apportioned to that person shall apportion the amount not collected in the manner provided by Section 124.005(a) among the other persons interested in the estate who are subject to apportionment.

(c) A person who is charged with or who pays an apportioned amount under Subsection (b) has a right of reimbursement for that amount from the person who failed to pay the tax. The representative may enforce the right of reimbursement, or the person who is charged with or who pays an apportioned amount under Subsection (b) may enforce the right of reimbursement directly by an assignment from the representative. A person assigned the right under this subsection is subrogated to the rights of the representative.

(d) A representative who has a right of reimbursement may petition a court to determine the right of reimbursement. (Tex. Prob. Code, Secs. 322A(o), (u).)

Sec. 124.016. TIME TO INITIATE ACTIONS TO RECOVER UNPAID ESTATE TAX. (a) A representative required to recover unpaid amounts of estate tax apportioned to persons interested in the estate under this subchapter may not be required to initiate the necessary actions until the expiration of the 90th day after the date of the final determination by the Internal Revenue Service of the amount of the estate tax.

(b) A representative who initiates an action under this subchapter within a reasonable time after the expiration of the 90-day period is not subject to any liability or surcharge because a portion of the estate tax apportioned to a person interested in the estate was collectible during a period after the death of the decedent but thereafter became uncollectible. (Tex. Prob. Code, Sec. 322A(v).)

Sec. 124.017. TAX OR DEATH DUTY PAYABLE TO ANOTHER STATE. (a) A representative acting in another state may initiate an action in a court of this state to recover from a person interested in the estate who is domiciled in this state or owns property in this state subject to attachment or execution, a proportionate amount of:

(1) the federal estate tax;

(2) an estate tax payable to another state; or

(3) a death duty due by a decedent's estate to another state.

(b) In the action, a determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state is prima facie correct.

(c) This section applies only if the state in which the determination of apportionment was made provides a substantially similar remedy. (Tex. Prob. Code, Sec. 322A(w).)

Sec. 124.018. PAYMENT OF EXPENSES AND ATTORNEY'S FEES. The court shall award necessary expenses, including reasonable attorney's fees, to the prevailing party in an action initiated by a person for the collection of estate taxes from a person interested in the estate to whom estate taxes were apportioned and charged under Section 124.005. (Tex. Prob. Code, Sec. 322A(y).)

[Sections 124.019-124.050 reserved for expansion]

SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS

Sec. 124.051. VALUATION OF PROPERTY DISTRIBUTED IN KIND IN SATISFACTION OF PECUNIARY GIFT. Unless the governing instrument provides otherwise, if a will or trust contains a pecuniary devise or transfer that may be satisfied by distributing assets in kind and the executor, administrator, or trustee determines to fund the devise or transfer by distributing assets in kind, the property shall be valued, for the purpose of funding the devise or transfer, at the value of the property on the date or dates of distribution. (Tex. Prob. Code, Sec. 378A(b).)

Sec. 124.052. SATISFACTION OF MARITAL DEDUCTION PECUNIARY GIFTS WITH ASSETS IN KIND. (a) This section applies to an executor, administrator, or trustee authorized under the will or trust of a decedent to satisfy a pecuniary devise or transfer in trust in kind with assets at their value for federal estate tax purposes, in satisfaction of a gift intended to qualify, or that otherwise would qualify, for a United States estate tax marital deduction.

(b) Unless the governing instrument provides otherwise, an executor, administrator, or trustee, in order to implement a devise or transfer described by Subsection (a), shall distribute assets, including cash, fairly representative of appreciation or depreciation in the value of all property available for distribution in satisfaction of the devise or transfer. (Tex. Prob. Code, Sec. 378A(a).)

[Chapters 125-150 reserved for expansion]

SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE

CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES Sec. 151.001. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT

BOX WITH COURT ORDER Sec. 151.002. DELIVERY OF DOCUMENT WITH COURT ORDER Sec. 151.003. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT

BOX WITHOUT COURT ORDER Sec. 151.004. DELIVERY OF DOCUMENT WITHOUT COURT ORDER Sec. 151.005. RESTRICTION ON REMOVAL OF CONTENTS OF

SAFE DEPOSIT BOX

CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES

Sec. 151.001. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX WITH COURT ORDER. (a) A judge of a court that has probate jurisdiction of a decedent's estate may order a person to permit a court representative named in the order to examine a decedent's documents or safe deposit box if it is shown to the judge that:

(1) the person may possess or control the documents or that the person leased the safe deposit box to the decedent; and

(2) the documents or safe deposit box may contain:

(A) a will of the decedent;

(B) a deed to a burial plot in which the decedent is to be buried; or

(C) an insurance policy issued in the decedent's name and payable to a beneficiary named in the policy.

(b) The court representative shall examine the decedent's documents or safe deposit box in the presence of:

(1) the judge ordering the examination or an agent of the judge; and

(2) the person who has possession or control of the documents or who leased the safe deposit box or, if that person is a corporation, an officer of the corporation or an agent of an officer. (Tex. Prob. Code, Sec. 36B.)

Sec. 151.002. DELIVERY OF DOCUMENT WITH COURT ORDER. (a) A judge who orders an examination of a decedent's documents or safe deposit box under Section 151.001 may order the person who possesses or controls the documents or who leases the safe deposit box to permit the court representative to take possession of a document described by Section 151.001(a)(2).

(b) The court representative shall deliver:

(1) a will to the clerk of a court that:

(A) has probate jurisdiction; and

(B) is located in the same county as the court of the judge who ordered the examination under Section 151.001;

(2) a burial plot deed to the person designated by the judge in the order for the examination; or

(3) an insurance policy to a beneficiary named in the policy.

(c) A court clerk to whom a will is delivered under Subsection (b) shall issue a receipt for the will to the court representative. (Tex. Prob. Code, Sec. 36C.)

Sec. 151.003. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX WITHOUT COURT ORDER. (a) A person who possesses or controls a document delivered by a decedent for safekeeping or who leases a safe deposit box to a decedent may permit examination of the document or the contents of the safe deposit box by:

(1) the decedent's spouse;

(2) a parent of the decedent;

(3) a descendant of the decedent who is at least 18 years of age; or

(4) a person named as executor of the decedent's estate in a copy of a document that the person has and that appears to be a will of the decedent.

(b) An examination under Subsection (a) shall be conducted in the presence of the person who possesses or controls the document or who leases the safe deposit box or, if the person is a corporation, an officer of the corporation. (Tex. Prob. Code, Sec. 36D.)

Sec. 151.004. DELIVERY OF DOCUMENT WITHOUT COURT ORDER. (a) Subject to Subsection (c), a person who permits an examination of a decedent's document or safe deposit box under Section 151.003 may deliver:

(1) a document appearing to be the decedent's will to:

(A) the clerk of a court that:

(i) has probate jurisdiction; and

(ii) is located in the county in which the decedent resided; or

(B) a person named in the document as an executor of the decedent's estate;

(2) a document appearing to be a deed to a burial plot in which the decedent is to be buried, or appearing to give burial instructions, to the person conducting the examination; or

(3) a document appearing to be an insurance policy on the decedent's life to a beneficiary named in the policy.

(b) A person who has leased a safe deposit box to the decedent shall keep a copy of a document delivered by the person under Subsection (a)(1) until the fourth anniversary of the date of delivery.

(c) A person may not deliver a document under Subsection (a) unless the person examining the document:

(1) requests delivery of the document; and

(2) issues a receipt for the document to the person delivering the document. (Tex. Prob. Code, Sec. 36E.)

Sec. 151.005. RESTRICTION ON REMOVAL OF CONTENTS OF SAFE DEPOSIT BOX. A person may not remove the contents of a decedent's safe deposit box except as provided by Section 151.002, Section 151.004, or another law. (Tex. Prob. Code, Sec. 36F.) CHAPTER 152. EMERGENCY INTERVENTION SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION Sec. 152.001. APPLICATION AUTHORIZED Sec. 152.002. CONTENTS OF APPLICATION Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION:

FUNERAL AND REMAINS Sec. 152.004. TIME AND PLACE OF FILING

[Sections 152.005-152.050 reserved for expansion]

SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND

BURIAL EXPENSES Sec. 152.052. ISSUANCE OF ORDER REGARDING ACCESS TO

CERTAIN PERSONAL PROPERTY Sec. 152.053. DURATION OF ORDER Sec. 152.054. CERTIFIED COPIES OF ORDER Sec. 152.055. LIABILITY OF CERTAIN PERSONS IN

CONNECTION WITH ORDER

[Sections 152.056-152.100 reserved for expansion]

SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE TO CONTROL DECEDENT'S BURIAL OR CREMATION TO CONTROL DECEDENT'S BURIAL OR CREMATION Sec. 152.101. APPLICATION AUTHORIZED Sec. 152.102. HEARING; ISSUANCE OF ORDER

CHAPTER 152. EMERGENCY INTERVENTION

SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION

Sec. 152.001. APPLICATION AUTHORIZED. (a) Subject to Subsection (b), a person qualified to serve as an administrator under Section 304.001 may file an application requesting emergency intervention by a court exercising probate jurisdiction to provide for:

(1) the payment of the decedent's funeral and burial expenses; or

(2) the protection and storage of personal property owned by the decedent that, on the date of the decedent's death, was located in accommodations rented by the decedent.

(b) An applicant may file an application under this section only if:

(1) an application or affidavit has not been filed and is not pending under Section 145, 256.052, 256.054, or 301.052 or Chapter 205; and

(2) the applicant needs to:

(A) obtain funds for the payment of the decedent's funeral and burial expenses; or

(B) gain access to accommodations rented by the decedent that contain the decedent's personal property and the applicant has been denied access to those accommodations. (Tex. Prob. Code, Secs. 108 (part), 109, 110.)

Sec. 152.002. CONTENTS OF APPLICATION. (a) An emergency intervention application must be sworn and must contain:

(1) the applicant's name, address, and interest;

(2) facts showing an immediate necessity for the issuance of an emergency intervention order under Subchapter B;

(3) the decedent's date of death, place of death, and residential address on the date of death;

(4) the name and address of the funeral home holding the decedent's remains; and

(5) the names of any known or ascertainable heirs and devisees of the decedent.

(b) In addition to the information required under Subsection (a), if emergency intervention is requested to obtain funds needed for the payment of the decedent's funeral and burial expenses, the application must also contain:

(1) the reason any known or ascertainable heirs and devisees of the decedent:

(A) cannot be contacted; or

(B) have refused to assist in the decedent's burial;

(2) a description of necessary funeral and burial procedures and a statement from the funeral home that contains a detailed and itemized description of the cost of those procedures; and

(3) the name and address of an individual, entity, or financial institution, including an employer, in possession of any funds of or due to the decedent, and related account numbers and balances, if known by the applicant.

(c) In addition to the information required under Subsection (a), if emergency intervention is requested to gain access to accommodations rented by a decedent that at the time of the decedent's death contain the decedent's personal property, the application must also contain:

(1) the reason any known or ascertainable heirs and devisees of the decedent:

(A) cannot be contacted; or

(B) have refused to assist in the protection of the decedent's personal property;

(2) the type and location of the decedent's personal property and the name of the person in possession of the property; and

(3) the name and address of the owner or manager of the accommodations and a statement regarding whether access to the accommodations is necessary. (Tex. Prob. Code, Secs. 111(a), 112.)

Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION: INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS. (a) In addition to the information required under Section 152.002, if emergency intervention is requested to obtain funds needed for the payment of a decedent's funeral and burial expenses, the application must also state whether there are any written instructions from the decedent relating to the type and manner of funeral or burial preferred by the decedent. The applicant shall:

(1) attach the instructions, if available, to the application; and

(2) fully comply with the instructions.

(b) If written instructions do not exist, the applicant may not permit the decedent's remains to be cremated unless the applicant obtains the court's permission to cremate the remains. (Tex. Prob. Code, Sec. 111(b).)

Sec. 152.004. TIME AND PLACE OF FILING. An emergency intervention application must be filed:

(1) with the court clerk in the county in which:

(A) the decedent was domiciled; or

(B) the accommodations rented by the decedent that contain the decedent's personal property are located; and

(2) not earlier than the third day after the date of the decedent's death and not later than the 90th day after the date of the decedent's death. (Tex. Prob. Code, Sec. 108 (part).)

[Sections 152.005-152.050 reserved for expansion]

SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION

Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND BURIAL EXPENSES. If on review of an application filed under Section 152.001 the court determines that emergency intervention is necessary to obtain funds needed for the payment of a decedent's funeral and burial expenses, the court may order funds of the decedent that are being held by an individual, an employer, or a financial institution to be paid directly to a funeral home only for:

(1) reasonable and necessary attorney's fees for the attorney who obtained the order;

(2) court costs for obtaining the order; and

(3) funeral and burial expenses not to exceed $5,000 as ordered by the court to provide the decedent with a reasonable, dignified, and appropriate funeral and burial. (Tex. Prob. Code, Sec. 113(a).)

Sec. 152.052. ISSUANCE OF ORDER REGARDING ACCESS TO CERTAIN PERSONAL PROPERTY. If on review of an application filed under Section 152.001 the court determines that emergency intervention is necessary to gain access to accommodations rented by the decedent that, at the time of the decedent's death, contain the decedent's personal property, the court may order one or more of the following:

(1) that the owner or agent of the accommodations shall grant the applicant access to the accommodations at a reasonable time and in the presence of the owner or agent;

(2) that the applicant and owner or agent of the accommodations shall jointly prepare and file with the court a list that generally describes the decedent's property found at the premises;

(3) that the applicant or the owner or agent of the accommodations may remove and store the decedent's property at another location until claimed by the decedent's heirs;

(4) that the applicant has only the powers that are specifically stated in the order and that are necessary to protect the decedent's property that is the subject of the application; or

(5) that funds of the decedent held by an individual, an employer, or a financial institution be paid to the applicant for reasonable and necessary attorney's fees and court costs for obtaining the order. (Tex. Prob. Code, Sec. 113(b).)

Sec. 152.053. DURATION OF ORDER. The authority of an applicant under an emergency intervention order expires on the earlier of:

(1) the 90th day after the date the order is issued; or

(2) the date a personal representative of the decedent's estate qualifies. (Tex. Prob. Code, Sec. 114(a).)

Sec. 152.054. CERTIFIED COPIES OF ORDER. The court clerk may issue certified copies of an emergency intervention order on request of the applicant only until the earlier of:

(1) the 90th day after the date the order is signed; or

(2) the date a personal representative of the decedent's estate qualifies. (Tex. Prob. Code, Sec. 113(c).)

Sec. 152.055. LIABILITY OF CERTAIN PERSONS IN CONNECTION WITH ORDER. (a) A person who is provided a certified copy of an emergency intervention order within the period prescribed by Section 152.054 is not personally liable for an action taken by the person in accordance with and in reliance on the order.

(b) If a personal representative has not been appointed when an emergency intervention order issued under Section 152.052 expires, a person in possession of the decedent's personal property that is the subject of the order, without incurring civil liability, may:

(1) release the property to the decedent's heirs; or

(2) dispose of the property under Subchapter C, Chapter 54, Property Code, or Section 7.209 or 7.210, Business & Commerce Code. (Tex. Prob. Code, Secs. 113(d), 114(b).)

[Sections 152.056-152.100 reserved for expansion]

SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE

TO CONTROL DECEDENT'S BURIAL OR CREMATION

Sec. 152.101. APPLICATION AUTHORIZED. (a) The executor of a decedent's will or the decedent's next of kin may file an application for an order limiting the right of the decedent's surviving spouse to control the decedent's burial or cremation.

(b) For purposes of Subsection (a), the decedent's next of kin:

(1) is determined in accordance with order of descent, with the person nearest in order of descent first, and so on; and

(2) includes the decedent's descendants who legally adopted the decedent or who have been legally adopted by the decedent.

(c) An application under this section must be under oath and must establish:

(1) whether the decedent died intestate or testate;

(2) that the surviving spouse is alleged to be a principal or accomplice in a wilful act that resulted in the decedent's death; and

(3) that good cause exists to limit the surviving spouse's right to control the decedent's burial or cremation. (Tex. Prob. Code, Secs. 115(a), (b).)

Sec. 152.102. HEARING; ISSUANCE OF ORDER. (a) If the court finds that there is good cause to believe that the decedent's surviving spouse is the principal or an accomplice in a wilful act that resulted in the decedent's death, the court may, after notice and a hearing, limit the surviving spouse's right to control the decedent's burial or cremation.

(b) Subsection (a) applies:

(1) without regard to whether the decedent died intestate or testate; and

(2) regardless of whether the surviving spouse is designated by the decedent's will as the executor of the decedent's estate.

(c) If the court limits the surviving spouse's right of control as provided by Subsection (a), the court shall designate and authorize a person to make burial or cremation arrangements. (Tex. Prob. Code, Secs. 115(c), (d).)

[Chapters 153-200 reserved for expansion]

SUBTITLE E. INTESTATE SUCCESSION

CHAPTER 201. DESCENT AND DISTRIBUTION SUBCHAPTER A. INTESTATE SUCCESSION Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING

SPOUSE Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE

[Sections 201.004-201.050 reserved for expansion]

SUBCHAPTER B. MATTERS AFFECTING INHERITANCE Sec. 201.051. MATERNAL INHERITANCE Sec. 201.052. PATERNAL INHERITANCE Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF

HEIRSHIP Sec. 201.054. ADOPTED CHILD Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE Sec. 201.056. PERSONS NOT IN BEING Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF

BLOOD Sec. 201.058. CONVICTED PERSONS Sec. 201.059. PERSON WHO DIES BY CASUALTY Sec. 201.060. ALIENAGE Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD

RELATIONSHIPS

[Sections 201.063-201.100 reserved for expansion]

SUBCHAPTER C. DISTRIBUTION TO HEIRS Sec. 201.101. DETERMINATION OF PER CAPITA WITH

REPRESENTATION DISTRIBUTION Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S

SOURCE Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE

[Sections 201.104-201.150 reserved for expansion]

SUBCHAPTER D. ADVANCEMENTS Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF

VALUATION Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED

CHAPTER 201. DESCENT AND DISTRIBUTION

SUBCHAPTER A. INTESTATE SUCCESSION

Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE. (a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section.

(b) The person's estate descends and passes to the person's children and the children's descendants.

(c) If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother.

(d) If only the person's father or mother survives the person, the person's estate shall:

(1) be divided into two equal portions, with:

(A) one portion passing to the surviving parent; and

(B) one portion passing to the person's siblings and the siblings' descendants; or

(2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants.

(e) If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants.

(f) If none of the kindred described by Subsections (b)-(e) survive the person, the person's estate shall be divided into two moieties, with:

(1) one moiety passing to the person's paternal kindred as provided by Subsection (g); and

(2) one moiety passing to the person's maternal kindred as provided by Subsection (h).

(g) The moiety passing to the person's paternal kindred passes in the following order:

(1) if both paternal grandparents survive the person, equal portions pass to the person's paternal grandfather and grandmother;

(2) if only the person's paternal grandfather or grandmother survives the person, the person's estate shall:

(A) be divided into two equal portions, with:

(i) one portion passing to the surviving grandparent; and

(ii) one portion passing to the descendants of the deceased grandparent; or

(B) pass entirely to the surviving grandparent if no descendant of the deceased grandparent survives the person; and

(3) if neither the person's paternal grandfather nor grandmother survives the person, the moiety passing to the decedent's paternal kindred passes to the descendants of the person's paternal grandfather and grandmother, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.

(h) The moiety passing to the person's maternal kindred passes in the same order and manner as the other moiety passes to the decedent's paternal kindred under Subsection (g). (Tex. Prob. Code, Sec. 38(a).)

Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE. (a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.

(b) If the person has one or more children or a descendant of a child:

(1) the surviving spouse takes one-third of the personal estate;

(2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and

(3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children.

(c) Except as provided by Subsection (d), if the person has no child and no descendant of a child:

(1) the surviving spouse is entitled to all of the personal estate;

(2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and

(3) one-half of the person's land passes and is inherited according to the rules of descent and distribution.

(d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate. (Tex. Prob. Code, Sec. 38(b).)

Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE. (a) If a person who dies intestate leaves a surviving spouse, the community estate of the deceased spouse passes as provided by this section.

(b) The community estate of the deceased spouse passes to the surviving spouse if:

(1) no child or other descendant of the deceased spouse survives the deceased spouse; or

(2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(c) If the deceased spouse is survived by a child or other descendant who is not also a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the deceased spouse's children or descendants. The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101. In every case, the community estate passes charged with the debts against the community estate. (Tex. Prob. Code, Sec. 45.)

[Sections 201.004-201.050 reserved for expansion]

SUBCHAPTER B. MATTERS AFFECTING INHERITANCE

Sec. 201.051. MATERNAL INHERITANCE. For purposes of inheritance, a child is the child of the child's biological or adopted mother, and the child and the child's issue shall inherit from the child's mother and the child's maternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue. (Tex. Prob. Code, Sec. 42(a).)

Sec. 201.052. PATERNAL INHERITANCE. (a) For purposes of inheritance, a child is the child of the child's biological father if:

(1) the child is born under circumstances described by Section 160.201, Family Code;

(2) the child is adjudicated to be the child of the father by court decree under Chapter 160, Family Code;

(3) the child was adopted by the child's father; or

(4) the father executed an acknowledgment of paternity under Subchapter D, Chapter 160, Family Code, or a similar statement properly executed in another jurisdiction.

(b) A child described by Subsection (a) and the child's issue shall inherit from the child's father and the child's paternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue.

(c) A person may petition the probate court for a determination of right of inheritance from a decedent if the person:

(1) claims to be a biological child of the decedent and is not otherwise presumed to be a child of the decedent; or

(2) claims inheritance through a biological child of the decedent who is not otherwise presumed to be a child of the decedent.

(d) If under Subsection (c) the court finds by clear and convincing evidence that the purported father was the biological father of the child:

(1) the child is treated as any other child of the decedent for purposes of inheritance; and

(2) the child and the child's issue may inherit from the child's paternal kindred, both descendants, ascendants, and collateral kindred in all degrees, and they may inherit from the child and the child's issue.

(e) This section does not permit inheritance by a purported father of a child, recognized or not, if the purported father's parental rights have been terminated. (Tex. Prob. Code, Sec. 42(b)(1).)

Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP. (a) A person who purchases for valuable consideration any interest in property of the heirs of a decedent acquires good title to the interest that the person would have received, as purchaser, in the absence of a claim of the child described by Subdivision (1), if the person:

(1) in good faith relies on the declarations in an affidavit of heirship that does not include a child who at the time of the sale or contract of sale of the property:

(A) is not a presumed child of the decedent; and

(B) has not under a final court decree or judgment been found to be entitled to treatment under Section 201.052 as a child of the decedent; and

(2) is without knowledge of the claim of the child described by Subdivision (1).

(b) Subsection (a) does not affect any liability of the heirs for the proceeds of a sale described by Subsection (a) to the child who was not included in the affidavit of heirship. (Tex. Prob. Code, Sec. 42(b)(2).)

Sec. 201.054. ADOPTED CHILD. (a) For purposes of inheritance under the laws of descent and distribution, an adopted child is regarded as the child of the adoptive parent or parents, and the adopted child and the adopted child's descendants inherit from and through the adoptive parent or parents and their kindred as if the adopted child were the natural child of the adoptive parent or parents. The adoptive parent or parents and their kindred inherit from and through the adopted child as if the adopted child were the natural child of the adoptive parent or parents.

(b) The natural parent or parents of an adopted child and the kindred of the natural parent or parents may not inherit from or through the adopted child, but the adopted child inherits from and through the child's natural parent or parents, except as provided by Section 162.507(c), Family Code.

(c) This section does not prevent an adoptive parent from disposing of the parent's property by will according to law.

(d) This section does not diminish the rights of an adopted child under the laws of descent and distribution or otherwise that the adopted child acquired by virtue of inclusion in the definition of "child" under Section 22.004. (Tex. Prob. Code, Sec. 40.)

Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE. The issue of a marriage declared void or voided by annulment shall be treated in the same manner as the issue of a valid marriage. (Tex. Prob. Code, Sec. 42(d).)

Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance accrues to any person other than to a child or lineal descendant of an intestate, unless the person is in being and capable in law to take as an heir at the time of the intestate's death. (Tex. Prob. Code, Sec. 41(a).)

Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD. If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood. If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion. (Tex. Prob. Code, Sec. 41(b).)

Sec. 201.058. CONVICTED PERSONS. (a) No conviction shall work corruption of blood or forfeiture of estate except as provided by Subsection (b).

(b) If a beneficiary of a life insurance policy or contract is convicted and sentenced as a principal or accomplice in wilfully bringing about the death of the insured, the proceeds of the insurance policy or contract shall be paid in the manner provided by the Insurance Code. (Tex. Prob. Code, Sec. 41(d) (part).)

Sec. 201.059. PERSON WHO DIES BY CASUALTY. Death by casualty does not result in forfeiture of estate. (Tex. Prob. Code, Sec. 41(d) (part).)

Sec. 201.060. ALIENAGE. A person is not disqualified to take as an heir because the person, or another person through whom the person claims, is or has been an alien. (Tex. Prob. Code, Sec. 41(c).)

Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE. The estate of a person who commits suicide descends or vests as if the person died a natural death. (Tex. Prob. Code, Sec. 41(d) (part).)

Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD RELATIONSHIPS. (a) A probate court may enter an order declaring that the parent of a child under 18 years of age may not inherit from or through the child under the laws of descent and distribution if the court finds by clear and convincing evidence that the parent has:

(1) voluntarily abandoned and failed to support the child in accordance with the parent's obligation or ability for at least three years before the date of the child's death, and did not resume support for the child before that date;

(2) voluntarily and with knowledge of the pregnancy:

(A) abandoned the child's mother beginning at a time during her pregnancy with the child and continuing through the birth;

(B) failed to provide adequate support or medical care for the mother during the period of abandonment before the child's birth; and

(C) remained apart from and failed to support the child since birth; or

(3) been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following sections of the Penal Code or adjudicated under Title 3, Family Code, for conduct that caused the death or serious injury of a child and that would constitute a violation of one of the following sections of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 19.04 (manslaughter);

(D) Section 21.11 (indecency with a child);

(E) Section 22.01 (assault);

(F) Section 22.011 (sexual assault);

(G) Section 22.02 (aggravated assault);

(H) Section 22.021 (aggravated sexual assault);

(I) Section 22.04 (injury to a child, elderly individual, or disabled individual);

(J) Section 22.041 (abandoning or endangering child);

(K) Section 25.02 (prohibited sexual conduct);

(L) Section 43.25 (sexual performance by a child); or

(M) Section 43.26 (possession or promotion of child pornography).

(b) On a determination under Subsection (a) that the parent of a child may not inherit from or through the child, the parent shall be treated as if the parent predeceased the child for purposes of:

(1) inheritance under the laws of descent and distribution; and

(2) any other cause of action based on parentage. (Tex. Prob. Code, Secs. 41(e), (f).)

[Sections 201.063-201.100 reserved for expansion]

SUBCHAPTER C. DISTRIBUTION TO HEIRS

Sec. 201.101. DETERMINATION OF PER CAPITA WITH REPRESENTATION DISTRIBUTION. (a) The children, descendants, brothers, sisters, uncles, aunts, or other relatives of an intestate who stand in the first or same degree of relationship alone and come into the distribution of the intestate's estate take per capita, which means by persons.

(b) If some of the persons described by Subsection (a) are dead and some are living, each descendant of those persons who have died is entitled to a distribution of the intestate's estate. Each descendant inherits only that portion of the property to which the parent through whom the descendant inherits would be entitled if that parent were alive. (Tex. Prob. Code, Sec. 43.)

Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S SOURCE. A distinction may not be made, in regulating the descent and distribution of an estate of a person dying intestate, between property derived by gift, devise, or descent from the intestate's father, and property derived by gift, devise, or descent from the intestate's mother. (Tex. Prob. Code, Sec. 39 (part).)

Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE. All of the estate to which an intestate had title at the time of death descends and vests in the intestate's heirs in the same manner as if the intestate had been the original purchaser. (Tex. Prob. Code, Sec. 39 (part).)

[Sections 201.104-201.150 reserved for expansion]

SUBCHAPTER D. ADVANCEMENTS

Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF VALUATION. (a) If a decedent dies intestate as to all or part of the decedent's estate, property that the decedent gave during the decedent's lifetime to a person who, on the date of the decedent's death, is the decedent's heir, or property received by the decedent's heir under a nontestamentary transfer under Subchapter B, Chapter 111, or Chapter 112 or 113, is an advancement against the heir's intestate share of the estate only if:

(1) the decedent declared in a contemporaneous writing, or the heir acknowledged in writing, that the gift or nontestamentary transfer is an advancement; or

(2) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift or nontestamentary transfer is to be considered in computing the division and distribution of the decedent's intestate estate.

(b) For purposes of Subsection (a), property that is advanced is valued as of the earlier of:

(1) the time that the heir came into possession or enjoyment of the property; or

(2) the time of the decedent's death. (Tex. Prob. Code, Secs. 44(a), (b).)

Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED. If the recipient of property described by Section 201.151 does not survive the decedent, the property is not considered in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise. (Tex. Prob. Code, Sec. 44(c).) CHAPTER 202. DETERMINATION OF HEIRSHIP SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF PROCEEDING TO DECLARE HEIRSHIP PROCEEDING TO DECLARE HEIRSHIP Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF

PROCEEDING TO DECLARE HEIRSHIP Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO

DECLARE HEIRSHIP IS AUTHORIZED Sec. 202.003. VENUE FOR PROCEEDING TO DECLARE HEIRSHIP Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO

DECLARE HEIRSHIP Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE

HEIRSHIP Sec. 202.006. REQUEST FOR DETERMINATION OF NECESSITY

FOR ADMINISTRATION Sec. 202.007. AFFIDAVIT SUPPORTING APPLICATION

REQUIRED Sec. 202.008. REQUIRED PARTIES TO PROCEEDING TO

DECLARE HEIRSHIP Sec. 202.009. REPRESENTATION OF INTERESTS OF CERTAIN

PERSONS

[Sections 202.010-202.050 reserved for expansion]

SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP Sec. 202.051. SERVICE OF CITATION BY MAIL WHEN

OR ASCERTAINABLE Sec. 202.052. SERVICE OF CITATION BY PUBLICATION WHEN

ASCERTAINABLE Sec. 202.053. REQUIRED POSTING OF CITATION Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE

REQUIRED Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS

NOT REQUIRED Sec. 202.056. WAIVER OF SERVICE OF CITATION ON CERTAIN

PERSONS NOT PERMITTED

[Sections 202.057-202.100 reserved for expansion]

SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP Sec. 202.101. REQUIRED TRANSFER OF PENDING PROCEEDING

CIRCUMSTANCES Sec. 202.102. TRANSFER OF RECORDS Sec. 202.103. PROCEDURES APPLICABLE TO TRANSFERRED

CONSOLIDATION WITH OTHER PROCEEDING

[Sections 202.104-202.150 reserved for expansion]

SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO

DECLARE HEIRSHIP

[Sections 202.152-202.200 reserved for expansion]

SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP Sec. 202.201. REQUIRED STATEMENTS IN JUDGMENT Sec. 202.202. FINALITY AND APPEAL OF JUDGMENT Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF

HEIR NOT PROPERLY SERVED Sec. 202.204. LIMITATION OF LIABILITY OF CERTAIN

JUDGMENT Sec. 202.205. EFFECT OF CERTAIN JUDGMENTS ON LIABILITY

TO CREDITORS Sec. 202.206. FILING AND RECORDING OF JUDGMENT

CHAPTER 202. DETERMINATION OF HEIRSHIP

SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF

PROCEEDING TO DECLARE HEIRSHIP

Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF PROCEEDING TO DECLARE HEIRSHIP. In the manner provided by this chapter, a court may determine through a proceeding to declare heirship:

(1) the persons who are a decedent's heirs and only heirs; and

(2) the heirs' respective shares and interests under the laws of this state in the decedent's estate. (Tex. Prob. Code, Sec. 48(a) (part).)

Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO DECLARE HEIRSHIP IS AUTHORIZED. A court may conduct a proceeding to declare heirship when:

(1) a person dies intestate owning or entitled to property in this state and there has been no administration in this state of the person's estate; or

(2) there has been a will probated in this state or elsewhere or an administration in this state of the decedent's estate, but:

(A) property in this state was omitted from the will or administration; or

(B) no final disposition of property in this state has been made in the administration. (Tex. Prob. Code, Sec. 48(a) (part).)

Sec. 202.003. VENUE FOR PROCEEDING TO DECLARE HEIRSHIP. (a) A proceeding to declare heirship of a decedent may be conducted by:

(1) the court of the county in which a proceeding to probate the decedent's will or for the administration of the decedent's estate was most recently pending; or

(2) if no will of the decedent has been admitted to probate in this state and no administration of the decedent's estate has been granted in this state, the court of the county in which venue would be proper for commencement of an administration of the decedent's estate under Section 6.

(b) Notwithstanding Subsection (a), a probate court in which proceedings for the guardianship of the estate of a ward who dies intestate were pending at the time of the decedent's death may, if there is no administration pending in the estate, determine:

(1) the persons who are the decedent's heirs and only heirs; and

(2) the heirs' respective shares and interests under the laws of this state in the decedent's estate. (Tex. Prob. Code, Secs. 48(a) (part), (c).)

Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent may be commenced and maintained under a circumstance specified by Section 202.002 by:

(1) the personal representative of the decedent's estate;

(2) a person claiming to be a secured creditor or the owner of all or part of the decedent's estate; or

(3) if the decedent was a ward with respect to whom a guardian of the estate had been appointed, the guardian of the estate, provided that the proceeding is commenced and maintained in the probate court in which the proceedings for the guardianship of the estate were pending at the time of the decedent's death. (Tex. Prob. Code, Sec. 49(a) (part).)

Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE HEIRSHIP. A person authorized by Section 202.004 to commence a proceeding to declare heirship must file an application in a court specified by Section 202.003 to commence the proceeding. The application must state:

(1) the decedent's name and time and place of death;

(2) the names and residences of the decedent's heirs, the relationship of each heir to the decedent, and the true interest of the applicant and each of the heirs in the decedent's estate;

(3) if the time or place of the decedent's death or the name or residence of an heir is not definitely known to the applicant, all the material facts and circumstances with respect to which the applicant has knowledge and information that might reasonably tend to show the time or place of the decedent's death or the name or residence of the heir;

(4) that all children born to or adopted by the decedent have been listed;

(5) that each of the decedent's marriages has been listed with:

(A) the date of the marriage;

(B) the name of the spouse;

(C) the date and place of termination if the marriage was terminated; and

(D) other facts to show whether a spouse has had an interest in the decedent's property;

(6) whether the decedent died testate and, if so, what disposition has been made of the will;

(7) a general description of all property belonging to the decedent's estate; and

(8) an explanation for the omission from the application of any of the information required by this section. (Tex. Prob. Code, Sec. 49(a) (part).)

Sec. 202.006. REQUEST FOR DETERMINATION OF NECESSITY FOR ADMINISTRATION. A person who files an application under Section 202.005 not later than the fourth anniversary of the date of the death of the decedent who is the subject of the application may request that the court determine whether there is a need for administration of the decedent's estate. The court shall hear evidence on the issue and, in the court's judgment, make a determination of the issue. (Tex. Prob. Code, Sec. 48(b).)

Sec. 202.007. AFFIDAVIT SUPPORTING APPLICATION REQUIRED. (a) An application filed under Section 202.005 must be supported by the affidavit of each applicant.

(b) An affidavit of an applicant under Subsection (a) must state that, to the applicant's knowledge:

(1) all the allegations in the application are true; and

(2) no material fact or circumstance has been omitted from the application. (Tex. Prob. Code, Sec. 49(b) (part).)

Sec. 202.008. REQUIRED PARTIES TO PROCEEDING TO DECLARE HEIRSHIP. Each of the following persons must be made a party to a proceeding to declare heirship:

(1) each unknown heir of the decedent who is the subject of the proceeding;

(2) each person who is named as an heir of the decedent in the application filed under Section 202.005; and

(3) each person who is, on the filing date of the application, shown as owning a share or interest in any real property described in the application by the deed records of the county in which the property is located. (Tex. Prob. Code, Sec. 49(b) (part).)

Sec. 202.009. REPRESENTATION OF INTERESTS OF CERTAIN PERSONS. (a) If it appears to the court in a proceeding to declare heirship that there is or may be a living heir whose name or whereabouts is unknown, or that a defendant is an incapacitated person, the court may appoint an attorney ad litem or guardian ad litem to represent the interests of that person. The court may not appoint an attorney ad litem or guardian ad litem unless the court finds that the appointment is necessary to protect the interests of the living heir or incapacitated person.

(b) The court shall appoint an attorney ad litem to represent the interests of unknown heirs. (Tex. Prob. Code, Secs. 53(b), (c).)

[Sections 202.010-202.050 reserved for expansion]

SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP

Sec. 202.051. SERVICE OF CITATION BY MAIL WHEN RECIPIENT'S NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE. Except as provided by Section 202.054, citation in a proceeding to declare heirship must be served by registered or certified mail on:

(1) each distributee who is 12 years of age or older and whose name and address are known or can be ascertained through the exercise of reasonable diligence; and

(2) the parent, managing conservator, or guardian of each distributee who is younger than 12 years of age if the name and address of the parent, managing conservator, or guardian are known or can be reasonably ascertained. (Tex. Prob. Code, Sec. 50(a) (part).)

Sec. 202.052. SERVICE OF CITATION BY PUBLICATION WHEN RECIPIENT'S NAME OR ADDRESS IS NOT ASCERTAINABLE. If the address of a person or entity on whom citation is required to be served cannot be ascertained, citation must be served on the person or entity by publication in the county in which the proceeding to declare heirship is commenced and in the county of the last residence of the decedent who is the subject of the proceeding, if that residence was in a county other than the county in which the proceeding is commenced. To determine whether a decedent has any other heirs, citation must be served on unknown heirs by publication in the manner provided by this section. (Tex. Prob. Code, Sec. 50(b).)

Sec. 202.053. REQUIRED POSTING OF CITATION. Except in a proceeding in which citation is served by publication as provided by Section 202.052, citation in a proceeding to declare heirship must be posted in:

(1) the county in which the proceeding is commenced; and

(2) the county of the last residence of the decedent who is the subject of the proceeding. (Tex. Prob. Code, Sec. 50(c).)

Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED. The court may require that service of citation in a proceeding to declare heirship be made by personal service on some or all of those named as distributees in the application filed under Section 202.005. (Tex. Prob. Code, Sec. 50(a) (part).)

Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS NOT REQUIRED. A party to a proceeding to declare heirship who executed the application filed under Section 202.005 is not required to be served by any method. (Tex. Prob. Code, Sec. 50(d).)

Sec. 202.056. WAIVER OF SERVICE OF CITATION ON CERTAIN PERSONS NOT PERMITTED. A parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of a distributee who is 12 years of age or older, but younger than 19 years of age, may not waive citation required by this subchapter to be served on the distributee. (Tex. Prob. Code, Sec. 50(e).)

[Sections 202.057-202.100 reserved for expansion]

SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP

Sec. 202.101. REQUIRED TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP UNDER CERTAIN CIRCUMSTANCES. If, after a proceeding to declare heirship is commenced, an administration of the estate of the decedent who is the subject of the proceeding is granted in this state or the decedent's will is admitted to probate in this state, the court in which the proceeding to declare heirship is pending shall, by an order entered of record in the proceeding, transfer the proceeding to the court in which the administration was granted or the will was probated. (Tex. Prob. Code, Sec. 51 (part).)

Sec. 202.102. TRANSFER OF RECORDS. The clerk of the court from which a proceeding to declare heirship is transferred under Section 202.101 shall, on entry of the order under that section, send to the clerk of the court named in the order a certified transcript of all pleadings, docket entries, and orders of the court in the proceeding. The clerk of the court to which the proceeding is transferred shall:

(1) file the transcript;

(2) record the transcript in the minutes of the court; and

(3) docket the proceeding. (Tex. Prob. Code, Sec. 51 (part).)

Sec. 202.103. PROCEDURES APPLICABLE TO TRANSFERRED PROCEEDING TO DECLARE HEIRSHIP; CONSOLIDATION WITH OTHER PROCEEDING. A proceeding to declare heirship that is transferred under Section 202.101 shall proceed as though the proceeding was originally filed in the court to which the proceeding is transferred. The court may consolidate the proceeding with the other proceeding pending in that court. (Tex. Prob. Code, Sec. 51 (part).)

[Sections 202.104-202.150 reserved for expansion]

SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP

Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP. The court may require that all or any part of the evidence admitted in a proceeding to declare heirship be:

(1) reduced to writing and subscribed and sworn to by the witnesses, respectively; and

(2) filed in the proceeding and recorded in the minutes of the court. (Tex. Prob. Code, Sec. 53(a).)

[Sections 202.152-202.200 reserved for expansion]

SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP

Sec. 202.201. REQUIRED STATEMENTS IN JUDGMENT. (a) The judgment in a proceeding to declare heirship must state:

(1) the names and places of residence of the heirs of the decedent who is the subject of the proceeding; and

(2) the heirs' respective shares and interests in the decedent's property.

(b) If the proof in a proceeding to declare heirship is in any respect deficient, the judgment in the proceeding must state that. (Tex. Prob. Code, Sec. 54.)

Sec. 202.202. FINALITY AND APPEAL OF JUDGMENT. (a) The judgment in a proceeding to declare heirship is a final judgment.

(b) At the request of an interested person, the judgment in a proceeding to declare heirship may be appealed or reviewed within the same time limits and in the same manner as other judgments in probate matters. (Tex. Prob. Code, Sec. 55(a) (part).)

Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT PROPERLY SERVED. If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by registered or certified mail or personal service in the proceeding, the heir may:

(1) have the judgment in the proceeding corrected by bill of review:

(A) at any time, but not later than the fourth anniversary of the date of the judgment; or

(B) after the passage of any length of time, on proof of actual fraud; and

(2) recover the heir's just share of the property or the value of that share from:

(A) the heirs named in the judgment; and

(B) those who claim under the heirs named in the judgment and who are not bona fide purchasers for value. (Tex. Prob. Code, Sec. 55(a) (part).)

Sec. 202.204. LIMITATION OF LIABILITY OF CERTAIN PERSONS ACTING IN ACCORDANCE WITH JUDGMENT. (a) The judgment in a proceeding to declare heirship is conclusive in a suit between an heir omitted from the judgment and a bona fide purchaser for value who purchased property after entry of the judgment without actual notice of the claim of the omitted heir, regardless of whether the judgment is subsequently modified, set aside, or nullified.

(b) A person is not liable to another person for the following actions performed in good faith after a judgment is entered in a proceeding to declare heirship:

(1) delivering the property of the decedent who was the subject of the proceeding to the persons named as heirs in the judgment; or

(2) engaging in any other transaction with the persons named as heirs in the judgment. (Tex. Prob. Code, Sec. 55(b).)

Sec. 202.205. EFFECT OF CERTAIN JUDGMENTS ON LIABILITY TO CREDITORS. (a) A judgment in a proceeding to declare heirship stating that there is no necessity for administration of the estate of the decedent who is the subject of the proceeding constitutes authorization for a person who owes money to the estate, has custody of estate property, acts as registrar or transfer agent of an evidence of interest, indebtedness, property, or right belonging to the estate, or purchases from or otherwise deals with an heir named in the judgment to take the following actions without liability to a creditor of the estate or other person:

(1) to pay, deliver, or transfer the property or the evidence of property rights to an heir named in the judgment; or

(2) to purchase property from an heir named in the judgment.

(b) An heir named in a judgment in a proceeding to declare heirship is entitled to enforce the heir's right to payment, delivery, or transfer described by Subsection (a) by suit.

(c) Except as provided by this section, this chapter does not affect the rights or remedies of the creditors of a decedent who is the subject of a proceeding to declare heirship. (Tex. Prob. Code, Sec. 55(c).)

Sec. 202.206. FILING AND RECORDING OF JUDGMENT. (a) A certified copy of the judgment in a proceeding to declare heirship may be:

(1) filed for record in the office of the county clerk of the county in which any real property described in the judgment is located;

(2) recorded in the deed records of that county; and

(3) indexed in the name of the decedent who was the subject of the proceeding as grantor and in the names of the heirs named in the judgment as grantees.

(b) On the filing of a judgment in accordance with Subsection (a), the judgment constitutes constructive notice of the facts stated in the judgment. (Tex. Prob. Code, Sec. 56.) CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP Sec. 203.001. RECORDED STATEMENT OF FACTS AS PRIMA

FACIE EVIDENCE OF HEIRSHIP Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF

HEIRS

CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP

Sec. 203.001. RECORDED STATEMENT OF FACTS AS PRIMA FACIE EVIDENCE OF HEIRSHIP. (a) A court shall receive in a proceeding to declare heirship or a suit involving title to property a statement of facts concerning the family history, genealogy, marital status, or the identity of the heirs of a decedent as prima facie evidence of the facts contained in the statement if:

(1) the statement is contained in:

(A) an affidavit or other instrument legally executed and acknowledged or sworn to before, and certified by, an officer authorized to take acknowledgments or oaths, as applicable; or

(B) a judgment of a court of record; and

(2) the affidavit or instrument containing the statement has been of record for five years or more in the deed records of a county in this state in which the property is located at the time the suit involving title to property is commenced, or in the deed records of a county in this state in which the decedent was domiciled or had a fixed place of residence at the time of the decedent's death.

(b) If there is an error in a statement of facts in a recorded affidavit or instrument described by Subsection (a), anyone interested in a proceeding in which the affidavit or instrument is offered in evidence may prove the true facts.

(c) An affidavit of facts concerning the identity of a decedent's heirs as to an interest in real property that is filed in a proceeding or suit described by Subsection (a) may be in the form prescribed by Section 203.002.

(d) An affidavit of facts concerning the identity of a decedent's heirs does not affect the rights of an omitted heir or creditor of the decedent as otherwise provided by law. This section is cumulative of all other statutes on the same subject and may not be construed as abrogating any right to present evidence or rely on an affidavit of facts conferred by any other statute or rule. (Tex. Prob. Code, Sec. 52.)

Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF HEIRS. An affidavit of facts concerning the identity of a decedent's heirs may be in substantially the following form:

AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS

Before me, the undersigned authority, on this day personally appeared __________ ("Affiant") (insert name of affiant) who, being first duly sworn, upon his/her oath states:

1. My name is __________ (insert name of affiant), and I live at __________ (insert address of affiant's residence). I am personally familiar with the family and marital history of __________ ("Decedent") (insert name of decedent), and I have personal knowledge of the facts stated in this affidavit.

2. I knew decedent from __________ (insert date) until __________ (insert date). Decedent died on __________ (insert date of death). Decedent's place of death was __________ (insert place of death). At the time of decedent's death, decedent's residence was __________ (insert address of decedent's residence).

3. Decedent's marital history was as follows: __________ (insert marital history and, if decedent's spouse is deceased, insert date and place of spouse's death).

4. Decedent had the following children: __________ (insert name, birth date, name of other parent, and current address of child or date of death of child and descendants of deceased child, as applicable, for each child).

5. Decedent did not have or adopt any other children and did not take any other children into decedent's home or raise any other children, except: __________ (insert name of child or names of children, or state "none").

6. (Include if decedent was not survived by descendants.) Decedent's mother was: __________ (insert name, birth date, and current address or date of death of mother, as applicable).

7. (Include if decedent was not survived by descendants.) Decedent's father was: __________ (insert name, birth date, and current address or date of death of father, as applicable).

8. (Include if decedent was not survived by descendants or by both mother and father.) Decedent had the following siblings: __________ (insert name, birth date, and current address or date of death of each sibling and parents of each sibling and descendants of each deceased sibling, as applicable, or state "none").

9. (Optional.) The following persons have knowledge regarding the decedent, the identity of decedent's children, if any, parents, or siblings, if any: __________ (insert names of persons with knowledge, or state "none").

10. Decedent died without leaving a written will. (Modify statement if decedent left a written will.)

11. There has been no administration of decedent's estate. (Modify statement if there has been administration of decedent's estate.)

12. Decedent left no debts that are unpaid, except: __________ (insert list of debts, or state "none").

13. There are no unpaid estate or inheritance taxes, except: __________ (insert list of unpaid taxes, or state "none").

14. To the best of my knowledge, decedent owned an interest in the following real property: __________ (insert list of real property in which decedent owned an interest, or state "none").

15. (Optional.) The following were the heirs of decedent: __________ (insert names of heirs).

16. (Insert additional information as appropriate, such as size of the decedent's estate.) Signed this ___ day of __________, ___. _________________________________

(signature of affiant) State of __________ County of __________

Sworn to and subscribed to before me on __________ (date) by __________ (insert name of affiant). _________________________________

(signature of notarial officer) (Seal, if any, of notary) __________

(printed name)

My commission expires: __________

(Tex. Prob. Code, Sec. 52A.) CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP SUBCHAPTER A. GENERAL PROVISIONS Sec. 204.001. PROCEEDINGS AND RECORDS PUBLIC

[Sections 204.002-204.050 reserved for expansion]

SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP DECLARE HEIRSHIP Sec. 204.051. ORDER FOR GENETIC TESTING Sec. 204.052. ADVANCEMENT OF COSTS Sec. 204.053. ORDER AND ADVANCEMENT OF COSTS FOR

SUBSEQUENT GENETIC TESTING Sec. 204.054. SUBMISSION OF GENETIC MATERIAL BY OTHER

RELATIVE UNDER CERTAIN CIRCUMSTANCES Sec. 204.055. GENETIC TESTING OF DECEASED INDIVIDUAL Sec. 204.056. CRIMINAL PENALTY

[Sections 204.057-204.100 reserved for expansion]

SUBCHAPTER C. RESULTS OF GENETIC TESTING Sec. 204.101. RESULTS OF GENETIC TESTING;

ADMISSIBILITY Sec. 204.102. PRESUMPTION REGARDING RESULTS OF GENETIC

TESTING; REBUTTAL Sec. 204.103. CONTESTING RESULTS OF GENETIC TESTING

[Sections 204.104-204.150 reserved for expansion]

SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN PROCEEDINGS TO DECLARE HEIRSHIP PROCEEDINGS TO DECLARE HEIRSHIP Sec. 204.151. APPLICABILITY OF SUBCHAPTER Sec. 204.152. REQUIRED FINDINGS IN ABSENCE OF REBUTTAL

EVIDENCE Sec. 204.153. EFFECT OF INCONCLUSIVE RESULTS OF

GENETIC TESTING

[Sections 204.154-204.200 reserved for expansion]

SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC TESTING TESTING Sec. 204.201. ORDER FOR CHANGE OF NAME

CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 204.001. PROCEEDINGS AND RECORDS PUBLIC. A proceeding under this chapter or Chapter 202 involving genetic testing is open to the public as in other civil cases. Papers and records in the proceeding are available for public inspection. (Tex. Prob. Code, Sec. 53E.)

[Sections 204.002-204.050 reserved for expansion]

SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO

DECLARE HEIRSHIP

Sec. 204.051. ORDER FOR GENETIC TESTING. (a) In a proceeding to declare heirship under Chapter 202, the court may, on the court's own motion, and shall, on the request of a party to the proceeding, order one or more specified individuals to submit to genetic testing as provided by Subchapter F, Chapter 160, Family Code. If two or more individuals are ordered to be tested, the court may order that the testing of those individuals be done concurrently or sequentially.

(b) The court may enforce an order under this section by contempt. (Tex. Prob. Code, Sec. 53A(a).)

Sec. 204.052. ADVANCEMENT OF COSTS. Subject to any assessment of costs following a proceeding to declare heirship in accordance with Rule 131, Texas Rules of Civil Procedure, the cost of genetic testing ordered under Section 204.051 must be advanced:

(1) by a party to the proceeding who requests the testing;

(2) as agreed by the parties and approved by the court; or

(3) as ordered by the court. (Tex. Prob. Code, Sec. 53A(b).)

Sec. 204.053. ORDER AND ADVANCEMENT OF COSTS FOR SUBSEQUENT GENETIC TESTING. (a) Subject to Subsection (b), the court shall order genetic testing subsequent to the testing conducted under Section 204.051 if:

(1) a party to the proceeding to declare heirship contests the results of the genetic testing ordered under Section 204.051; and

(2) the party contesting the results requests that additional testing be conducted.

(b) If the results of the genetic testing ordered under Section 204.051 identify a tested individual as an heir of the decedent, the court may order additional genetic testing in accordance with Subsection (a) only if the party contesting those results pays for the additional testing in advance. (Tex. Prob. Code, Secs. 53A(c), (d).)

Sec. 204.054. SUBMISSION OF GENETIC MATERIAL BY OTHER RELATIVE UNDER CERTAIN CIRCUMSTANCES. If a sample of an individual's genetic material that could identify another individual as the decedent's heir is not available for purposes of conducting genetic testing under this subchapter, the court, on a finding of good cause and that the need for genetic testing outweighs the legitimate interests of the individual to be tested, may order any of the following individuals to submit a sample of genetic material for the testing under circumstances the court considers just:

(1) a parent, sibling, or child of the individual whose genetic material is not available; or

(2) any other relative of that individual, as necessary to conduct the testing. (Tex. Prob. Code, Sec. 53A(e).)

Sec. 204.055. GENETIC TESTING OF DECEASED INDIVIDUAL. On good cause shown, the court may order:

(1) genetic testing of a deceased individual under this subchapter; and

(2) if necessary, removal of the remains of the deceased individual as provided by Section 711.004, Health and Safety Code, for that testing. (Tex. Prob. Code, Sec. 53A(f).)

Sec. 204.056. CRIMINAL PENALTY. (a) An individual commits an offense if:

(1) the individual intentionally releases an identifiable sample of the genetic material of another individual that was provided for purposes of genetic testing ordered under this subchapter; and

(2) the release:

(A) is for a purpose not related to the proceeding to declare heirship; and

(B) was not ordered by the court or done in accordance with written permission obtained from the individual who provided the sample.

(b) An offense under this section is a Class A misdemeanor. (Tex. Prob. Code, Sec. 53A(g).)

[Sections 204.057-204.100 reserved for expansion]

SUBCHAPTER C. RESULTS OF GENETIC TESTING

Sec. 204.101. RESULTS OF GENETIC TESTING; ADMISSIBILITY. A report of the results of genetic testing ordered under Subchapter B:

(1) must comply with the requirements for a report prescribed by Section 160.504, Family Code; and

(2) is admissible in a proceeding to declare heirship under Chapter 202 as evidence of the truth of the facts asserted in the report. (Tex. Prob. Code, Sec. 53B(a).)

Sec. 204.102. PRESUMPTION REGARDING RESULTS OF GENETIC TESTING; REBUTTAL. The presumption under Section 160.505, Family Code:

(1) applies to the results of genetic testing ordered under Subchapter B; and

(2) may be rebutted as provided by Section 160.505, Family Code. (Tex. Prob. Code, Sec. 53B(b).)

Sec. 204.103. CONTESTING RESULTS OF GENETIC TESTING. (a) A party to a proceeding to declare heirship who contests the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court.

(b) Unless otherwise ordered by the court, the party offering the testimony under Subsection (a) bears the expense for the expert testifying. (Tex. Prob. Code, Sec. 53B(c).)

[Sections 204.104-204.150 reserved for expansion]

SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN

PROCEEDINGS TO DECLARE HEIRSHIP

Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies in a proceeding to declare heirship of a decedent only with respect to an individual who:

(1) petitions the court for a determination of right of inheritance as authorized by Section 201.052(c); and

(2) claims:

(A) to be a biological child of the decedent, but with respect to whom a parent-child relationship with the decedent was not established as provided by Section 160.201, Family Code; or

(B) to inherit through a biological child of the decedent, if a parent-child relationship between the individual through whom the inheritance is claimed and the decedent was not established as provided by Section 160.201, Family Code. (Tex. Prob. Code, Sec. 53C(a).)

Sec. 204.152. REQUIRED FINDINGS IN ABSENCE OF REBUTTAL EVIDENCE. Unless the results of genetic testing of another individual who is an heir of the decedent who is the subject of a proceeding to declare heirship to which this subchapter applies are admitted as rebuttal evidence, the court shall find that the individual described by Section 204.151:

(1) is an heir of the decedent, if the results of genetic testing ordered under Subchapter B identify a tested individual who is an heir of the decedent as the ancestor of the individual described by Section 204.151; or

(2) is not an heir of the decedent, if the results of genetic testing ordered under Subchapter B exclude a tested individual who is an heir of the decedent as the ancestor of the individual described by Section 204.151. (Tex. Prob. Code, Secs. 53C(b), (c).)

Sec. 204.153. EFFECT OF INCONCLUSIVE RESULTS OF GENETIC TESTING. If the results of genetic testing ordered under Subchapter B do not identify or exclude a tested individual as the ancestor of the individual described by Section 204.151:

(1) the court may not dismiss the proceeding to declare heirship; and

(2) the results of the genetic testing and other relevant evidence are admissible in the proceeding. (Tex. Prob. Code, Sec. 53C(d).)

[Sections 204.154-204.200 reserved for expansion]

SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC

TESTING

Sec. 204.201. ORDER FOR CHANGE OF NAME. On the request of an individual determined by the results of genetic testing to be the heir of a decedent and for good cause shown, the court may:

(1) order the name of the individual to be changed; and

(2) if the court orders a name change under Subdivision (1), order the bureau of vital statistics to issue an amended birth record for the individual. (Tex. Prob. Code, Sec. 53D.) CHAPTER 205. SMALL ESTATE AFFIDAVIT Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT

APPOINTMENT OF PERSONAL REPRESENTATIVE Sec. 205.002. AFFIDAVIT REQUIREMENTS Sec. 205.003. EXAMINATION AND APPROVAL OF AFFIDAVIT Sec. 205.004. COPY OF AFFIDAVIT TO CERTAIN PERSONS Sec. 205.005. AFFIDAVIT AS LOCAL GOVERNMENT RECORD Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER

AFFIDAVIT Sec. 205.007. LIABILITY OF CERTAIN PERSONS Sec. 205.008. EFFECT OF CHAPTER

CHAPTER 205. SMALL ESTATE AFFIDAVIT

Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE. The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:

(1) 30 days have elapsed since the date of the decedent's death;

(2) no petition for the appointment of a personal representative is pending or has been granted;

(3) the value of the estate assets, excluding homestead and exempt property, does not exceed $50,000;

(4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate;

(5) the judge approves the affidavit as provided by Section 205.003; and

(6) the distributees comply with Section 205.004. (Tex. Prob. Code, Sec. 137(a) (part).)

Sec. 205.002. AFFIDAVIT REQUIREMENTS. An affidavit filed under Section 205.001 must:

(1) be sworn to by:

(A) two disinterested witnesses;

(B) each distributee of the estate who has legal capacity; and

(C) if warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee;

(2) show the existence of the conditions prescribed by Sections 205.001(1), (2), and (3); and

(3) include:

(A) a list of all known estate assets and liabilities;

(B) the name and address of each distributee; and

(C) the relevant family history facts concerning heirship that show each distributee's right to receive estate money or other property or to have any evidence of money, property, or other right of the estate as is determined to exist transferred to the distributee as an heir or assignee. (Tex. Prob. Code, Sec. 137(a) (part).)

Sec. 205.003. EXAMINATION AND APPROVAL OF AFFIDAVIT. The judge shall examine an affidavit filed under Section 205.001. The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of this chapter. (Tex. Prob. Code, Sec. 137(a) (part).)

Sec. 205.004. COPY OF AFFIDAVIT TO CERTAIN PERSONS. The distributees of the estate shall provide a copy of the affidavit under this chapter, certified by the court clerk, to each person who:

(1) owes money to the estate;

(2) has custody or possession of estate property; or

(3) acts as a registrar, fiduciary, or transfer agent of or for an evidence of interest, indebtedness, property, or other right belonging to the estate. (Tex. Prob. Code, Sec. 137(a) (part).)

Sec. 205.005. AFFIDAVIT AS LOCAL GOVERNMENT RECORD. (a) If the judge approves an affidavit under Section 205.003, the affidavit shall be maintained as a local government record under Subtitle C, Title 6, Local Government Code.

(b) If the county does not maintain local government records in a manner authorized under Subtitle C, Title 6, Local Government Code, the county clerk shall provide and keep in the clerk's office an appropriate book labeled "Small Estates" in which the clerk shall, on payment of the legal recording fee, record each affidavit filed under this chapter. The small estates book must contain an accurate index that shows the decedent's name and references to any land involved. (Tex. Prob. Code, Sec. 137(d).)

Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER AFFIDAVIT. (a) If a decedent's homestead is the only real property in the decedent's estate, title to the homestead may be transferred under an affidavit that meets the requirements of this chapter. The affidavit used to transfer title to the homestead must be recorded in the deed records of a county in which the homestead is located.

(b) A bona fide purchaser for value may rely on an affidavit recorded under this section. A bona fide purchaser for value without actual or constructive notice of an heir who is not disclosed in the recorded affidavit acquires title to a homestead free of the interests of the undisclosed heir, but remains subject to any claim a creditor of the decedent has by law. A purchaser has constructive notice of an heir who is not disclosed in the recorded affidavit if an affidavit, judgment of heirship, or title transaction in the chain of title in the deed records identifies that heir as the decedent's heir.

(c) An heir who is not disclosed in an affidavit recorded under this section may recover from an heir who receives consideration from a purchaser in a transfer for value of title to a homestead passing under the affidavit. (Tex. Prob. Code, Sec. 137(c).)

Sec. 205.007. LIABILITY OF CERTAIN PERSONS. (a) A person making a payment, delivery, transfer, or issuance under an affidavit described by this chapter is released to the same extent as if made to a personal representative of the decedent. The person may not be required to:

(1) see to the application of the affidavit; or

(2) inquire into the truth of any statement in the affidavit.

(b) The distributees to whom payment, delivery, transfer, or issuance is made are:

(1) answerable for the payment, delivery, transfer, or issuance to any person having a prior right; and

(2) accountable to any personal representative appointed after the payment, delivery, transfer, or issuance.

(c) Each person who executed the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.

(d) If a person to whom the affidavit is delivered refuses to pay, deliver, transfer, or issue property as provided by this section, the property may be recovered in an action brought for that purpose by or on behalf of the distributees entitled to the property on proof of the facts required to be stated in the affidavit. (Tex. Prob. Code, Sec. 138.)

Sec. 205.008. EFFECT OF CHAPTER. (a) This chapter does not affect the disposition of property under a will or other testamentary document.

(b) Except as provided by Section 205.006, this chapter does not transfer title to real property. (Tex. Prob. Code, Sec. 137(b).)

[Chapters 206-250 reserved for expansion]

SUBTITLE F. WILLS

CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO WILLS WILLS SUBCHAPTER A. WILL FORMATION Sec. 251.001. WHO MAY EXECUTE WILL Sec. 251.002. INTERESTS THAT MAY PASS BY WILL;

DISINHERITANCE

[Sections 251.003-251.050 reserved for expansion]

SUBCHAPTER B. WILL REQUIREMENTS Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS

[Sections 251.053-251.100 reserved for expansion]

SUBCHAPTER C. SELF-PROVED WILLS Sec. 251.101. SELF-PROVED WILL Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED

WILL Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS

SELF-PROVED Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING

AFFIDAVIT Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF

SELF-PROVED WILL Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL

CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO

WILLS

SUBCHAPTER A. WILL FORMATION

Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and limitations prescribed by law, a person of sound mind has the right and power to make a last will and testament if, at the time the will is made, the person:

(1) is 18 years of age or older;

(2) is or has been married; or

(3) is a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service. (Tex. Prob. Code, Sec. 57.)

Sec. 251.002. INTERESTS THAT MAY PASS BY WILL; DISINHERITANCE. (a) Subject to limitations prescribed by law, a person competent to make a last will and testament may devise under the will and testament all the estate, right, title, and interest in property the person has at the time of the person's death.

(b) A person who makes a last will and testament may:

(1) disinherit an heir; and

(2) direct the disposition of property or an interest passing under the will or by intestacy. (Tex. Prob. Code, Secs. 58(a), (b).)

[Sections 251.003-251.050 reserved for expansion]

SUBCHAPTER B. WILL REQUIREMENTS

Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as otherwise provided by law, a last will and testament must be:

(1) in writing;

(2) signed by:

(A) the testator in person; or

(B) another person on behalf of the testator:

(i) in the testator's presence; and

(ii) under the testator's direction; and

(3) attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator's presence. (Tex. Prob. Code, Sec. 59(a) (part).)

Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS. Notwithstanding Section 251.051, a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses. (Tex. Prob. Code, Secs. 59(a) (part), 60 (part).)

[Sections 251.053-251.100 reserved for expansion]

SUBCHAPTER C. SELF-PROVED WILLS

Sec. 251.101. SELF-PROVED WILL. A will to which a self-proving affidavit subscribed and sworn to by the testator and witnesses is attached or annexed is a self-proved will. (Tex. Prob. Code, Sec. 59(b) (part).)

Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED WILL. (a) A self-proved will may be admitted to probate without the testimony of any subscribing witnesses if the testator and witnesses execute a self-proving affidavit.

(b) A self-proved will may not otherwise be treated differently than a will that is not self-proved. (Tex. Prob. Code, Secs. 59(a) (part), (c) (part).)

Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED. A will or testament that meets the requirements of Section 251.051 may be made self-proved at:

(1) the time of the execution of the will or testament; or

(2) a later date during the lifetime of the testator and the witnesses. (Tex. Prob. Code, Sec. 59(a) (part).)

Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT. (a) An affidavit that is in form and content substantially as provided by Subsection (e) is a self-proving affidavit.

(b) A self-proving affidavit must be made by the testator and by the attesting witnesses before an officer authorized to administer oaths under the laws of this state. The officer shall affix the officer's official seal to the self-proving affidavit.

(c) The self-proving affidavit shall be attached or annexed to the will or testament.

(d) An affidavit that is in substantial compliance with the form of the affidavit provided by Subsection (e), that is subscribed and acknowledged by the testator, and that is subscribed and sworn to by the attesting witnesses is sufficient to self-prove the will. No other affidavit or certificate of a testator is required to self-prove a will or testament other than the affidavit provided by Subsection (e).

(e) The form and content of the self-proving affidavit must be substantially as follows:

THE STATE OF TEXAS

COUNTY OF ________________

Before me, the undersigned authority, on this day personally appeared _______________, _______________, and _______________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said _______________, testator, declared to me and to the said witnesses in my presence that said instrument is [his/her] last will and testament, and that [he/she] had willingly made and executed it as [his/her] free act and deed; and the said witnesses, each on [his/her] oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is [his/her] last will and testament, and that [he/she] executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at [his/her] request; that [he/she] was at that time eighteen years of age or over (or being under such age, was or had been lawfully married, or was then a member of the armed forces of the United States, or an auxiliary of the armed forces of the United States, or the United States Maritime Service) and was of sound mind; and that each of said witnesses was then at least fourteen years of age.

_______________

Testator

_______________

Witness

_______________

Witness

Subscribed and sworn to before me by the said ____________, testator, and by the said ________________ and _______________, witnesses, this ______ day of ________________ A.D. ________________. (SEAL) (Signed) ______________________________ (Official Capacity of Officer) (Tex. Prob. Code, Secs. 59(a) (part), (b) (part).)

Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING AFFIDAVIT. A signature on a self-proving affidavit is considered a signature to the will if necessary to prove that the will was signed by the testator or witnesses or both, except that, in that case, the will may not be considered a self-proved will. (Tex. Prob. Code, Sec. 59(b) (part).)

Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF SELF-PROVED WILL. A self-proved will may be contested, revoked, or amended by a codicil in the same manner as a will that is not self-proved. (Tex. Prob. Code, Sec. 59(c) (part).)

Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL. Notwithstanding any other provision of this subchapter, a will written wholly in the testator's handwriting may be made self-proved at any time during the testator's lifetime by the attachment or annexation to the will of an affidavit by the testator to the effect that:

(1) the instrument is the testator's last will;

(2) the testator was 18 years of age or older at the time the will was executed or, if the testator was younger than 18 years of age, that the testator:

(A) was or had been married; or

(B) was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service at the time the will was executed;

(3) the testator was of sound mind; and

(4) the testator has not revoked the will. (Tex. Prob. Code, Sec. 60 (part).) CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK Sec. 252.001. WILL DEPOSIT; CERTIFICATE Sec. 252.002. SEALED WRAPPER REQUIRED Sec. 252.003. NUMBERING OF FILED WILLS AND

CORRESPONDING CERTIFICATES Sec. 252.004. INDEX

[Sections 252.005-252.050 reserved for expansion]

SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR Sec. 252.051. WILL DELIVERY Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT;

EXCEPTION

[Sections 252.053-252.100 reserved for expansion]

SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR Sec. 252.101. NOTIFICATION BY COUNTY CLERK Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES

[Sections 252.106-252.150 reserved for expansion]

SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO

LATER WILL Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE

[Sections 252.154-252.200 reserved for expansion]

SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS Sec. 252.201. WILL DELIVERY Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE

PAPERS Sec. 252.203. ARREST; CONFINEMENT Sec. 252.204. DAMAGES

CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS

SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK

Sec. 252.001. WILL DEPOSIT; CERTIFICATE. (a) A testator, or another person for the testator, may deposit the testator's will with the county clerk of the county of the testator's residence. Before accepting the will for deposit, the clerk may require proof satisfactory to the clerk concerning the testator's identity and residence.

(b) The county clerk shall receive and keep the will on the payment of a $5 fee.

(c) On the deposit of the will, the county clerk shall issue a certificate of deposit for the will. (Tex. Prob. Code, Sec. 71(a) (part).)

Sec. 252.002. SEALED WRAPPER REQUIRED. (a) A will intended to be deposited with a county clerk shall be enclosed in a sealed wrapper.

(b) The wrapper must be endorsed with:

(1) "Will of," followed by the name, address, and signature of the testator; and

(2) the name and current address of each person who is to be notified of the deposit of the will after the testator's death. (Tex. Prob. Code, Sec. 71(b).)

Sec. 252.003. NUMBERING OF FILED WILLS AND CORRESPONDING CERTIFICATES. (a) A county clerk shall number wills deposited with the clerk in consecutive order.

(b) A certificate of deposit issued under Section 252.001(c) on receipt of a will must bear the same number as the will for which the certificate is issued. (Tex. Prob. Code, Sec. 71(a) (part).)

Sec. 252.004. INDEX. A county clerk shall keep an index of all wills deposited with the clerk under Section 252.001. (Tex. Prob. Code, Sec. 71(c).)

[Sections 252.005-252.050 reserved for expansion]

SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR

Sec. 252.051. WILL DELIVERY. During the lifetime of the testator, a will deposited with a county clerk under Subchapter A may be delivered only to:

(1) the testator; or

(2) another person authorized by the testator by a sworn written order. (Tex. Prob. Code, Sec. 71(d) (part).)

Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT; EXCEPTION. (a) Except as provided by Subsection (b), on delivery of a will to the testator or a person authorized by the testator under Section 252.051, the certificate of deposit issued for the will must be surrendered by the person to whom delivery of the will is made.

(b) A county clerk may instead accept and file an affidavit by the testator stating that the certificate of deposit issued for the will has been lost, stolen, or destroyed. (Tex. Prob. Code, Sec. 71(d) (part).)

[Sections 252.053-252.100 reserved for expansion]

SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR

Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk shall notify, by registered mail, return receipt requested, each person named on the endorsement of the will wrapper that the will is on deposit in the clerk's office if:

(1) an affidavit is submitted to the clerk stating that the testator has died; or

(2) the clerk receives other notice or proof of the testator's death sufficient to convince the clerk that the testator has died. (Tex. Prob. Code, Sec. 71(e) (part).)

Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH. On the request of one or more persons notified under Section 252.101, the county clerk shall deliver the will that is the subject of the notice to the person or persons. The clerk shall obtain a receipt for delivery of the will. (Tex. Prob. Code, Sec. 71(e) (part).)

Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK. A county clerk shall open a will wrapper and inspect the will if:

(1) the notice required by Section 252.101 is returned as undelivered; or

(2) the clerk has accepted for deposit a will that does not specify on the will wrapper the person to whom the will is to be delivered on the testator's death. (Tex. Prob. Code, Sec. 71(e) (part).)

Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a county clerk inspects a will under Section 252.103 and the will names an executor, the clerk shall:

(1) notify the person named as executor, by registered mail, return receipt requested, that the will is on deposit with the clerk; and

(2) deliver, on request, the will to the person named as executor. (Tex. Prob. Code, Sec. 71(e) (part).)

Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES. (a) If a county clerk inspects a will under Section 252.103, the clerk shall notify by registered mail, return receipt requested, the devisees named in the will that the will is on deposit with the clerk if:

(1) the will does not name an executor;

(2) the person named as executor in the will:

(A) has died; or

(B) fails to take the will before the 31st day after the date the notice required by Section 252.104 is mailed to the person; or

(3) the notice mailed to the person named as executor is returned as undelivered.

(b) On request, the county clerk shall deliver the will to any or all of the devisees notified under Subsection (a). (Tex. Prob. Code, Sec. 71(e) (part).)

[Sections 252.106-252.150 reserved for expansion]

SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT

Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE. The provisions of Subchapter A providing for the deposit of a will with a county clerk during the lifetime of a testator are solely for the purpose of providing a safe and convenient repository for a will. For purposes of probate, a will deposited as provided by Subchapter A may not be treated differently than a will that has not been deposited. (Tex. Prob. Code, Sec. 71(f) (part).)

Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO LATER WILL. A will that is not deposited as provided by Subchapter A shall be admitted to probate on proof that the will is the last will and testament of the testator, notwithstanding the fact that the testator has a prior will that has been deposited in accordance with Subchapter A. (Tex. Prob. Code, Sec. 71(f) (part).)

Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE. The deposit of a will as provided by Subchapter A does not constitute notice, constructive or otherwise, to any person as to the existence or the contents of the will. (Tex. Prob. Code, Sec. 71(g).)

[Sections 252.154-252.200 reserved for expansion]

SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS

Sec. 252.201. WILL DELIVERY. On receiving notice of a testator's death, the person who has custody of the testator's will shall deliver the will to the clerk of the court that has jurisdiction of the testator's estate. (Tex. Prob. Code, Sec. 75 (part).)

Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE PAPERS. On a sworn written complaint that a person has custody of the last will of a testator or any papers belonging to the estate of a testator or intestate, the judge of the court that has jurisdiction of the estate shall have the person cited by personal service to appear and show cause why the person should not deliver:

(1) the will to the court for probate; or

(2) the papers to the executor or administrator. (Tex. Prob. Code, Sec. 75 (part).)

Sec. 252.203. ARREST; CONFINEMENT. On the return of a citation served under Section 252.202, if the judge is satisfied that the person served with the citation had custody of the will or papers at the time the complaint under that section was filed and the person does not deliver the will or papers or show good cause why the will or papers have not been delivered, the judge may have the person arrested and confined until the person delivers the will or papers. (Tex. Prob. Code, Sec. 75 (part).)

Sec. 252.204. DAMAGES. (a) A person who refuses to deliver a will or papers described by Section 252.202 is liable to any person aggrieved by the refusal for all damages sustained as a result of the refusal.

(b) Damages may be recovered under this section in any court